Offshore Minerals Act 2000
Div 6Application for and grant of renewal of exploration licence
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Division 6—Application for and grant of renewal of exploration licence 101—Application for renewal of exploration licence An exploration licence holder may apply to the Minister to renew the licence. 1 Part of the licence area must be surrendered on each renewal (see section 104). 2 At each renewal, the licence conditions are reviewed (see section 118). 102—When application to be made (1) Subject to subsections (2) and (3), the application must be made at least 30 days before the day on which the licence is to expire. If an application for extension of a licence is made, the expiry of the licence is postponed (see section 93). For expiry of a licence see section 126. (2) The Minister may accept an application that is made later than 30 days before the day on which the licence is to expire if— (3) If a licence remains in force because of section 93(e)(ii), the application may be made at any time before the licence ceases to be in force. 103—How to apply for renewal (ii) the amount of money spent by the applicant in relation to the blocks covered by the licence during its current term; and (iv) the amount of money that the applicant intends to spend on those activities during the term applied for; and (d) specify the blocks that the applicant nominates for surrender in accordance with section 104. 104—Mandatory reduction of licence area on renewal of exploration licence (1) This section deals with the mandatory reduction of the licence area covered by an exploration licence when the licence is renewed. (2) Subject to subsection (4)(b), on each surrender day of an exploration licence, the licence holder must surrender— (a) 50 per cent of the number of blocks in the licence area; or (b) if 50 per cent of that number of the blocks is a whole number and a fraction, the next higher whole number of the blocks. (3) Subject to subsection (4)(a), the blocks that remain in the licence area after a surrender under subsection (2) must form a discrete area. (4) The Minister may— (a) give permission for the surrender of blocks in a licence area if the licence area remaining after the proposed surrender would consist of not more than 3 discrete areas; or (b) give permission for a licence area to be reduced by less than 50 per cent if the Minister considers that there are special circumstances present in relation to the renewal application. 105—Request for further information (1) The Minister may ask the applicant to provide further information about the application. 106—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. 107—Section number not used 108—Provisional renewal of an exploration licence (1) The Minister must provisionally renew an exploration licence if the applicant— (a) does what is required by sections 101 to 106; and (b) has complied with— (i) this Act; and (ii) the regulations; and (iii) the licence conditions. 1 Under section 89, the renewal of the licence cannot be effective before it is registered (see section 334 for registration). The renewal will not be registered until it has been properly accepted (see section 114 for proper acceptance). 2 Under section 118, new conditions may be imposed on renewal. (2) If subsection (1) does not require the Minister to provisionally renew the licence, the Minister may— (b) refuse to renew the licence. 109—Section number not used 110—Applicant must be notified (1) The Minister must give the applicant written notice of the Minister's decision under section 108. (2) If the Minister provisionally renews the exploration licence under section 108, the notice must contain the following information— (a) notification of the conditions of the renewed licence; (b) notification of any determination under section 399 that the applicant must lodge a security or a further security; (c) notification that the provisional renewal will lapse unless the applicant, before the end of the primary payment period— (ii) lodges any security required by the Minister under section 399; and (iii) pays the fees that must be paid under section 425. Section 118 provides for renewals to be granted subject to conditions. 111—Amendment of conditions (a) has been provisionally granted a renewal of the licence under section 108; and (3) If a request is made under subsection (1), the Minister may amend the licence conditions and, with the consent of the holder, any other licence condition. 112—Amendment of security requirements (a) has been provisionally granted a renewal of the licence under section 108; and 113—Extension of primary payment period (1) If the licence holder makes a request under section 111 or 112, the holder may ask the Minister to extend the primary payment period. 114—Acceptance of renewal of exploration licence (1) The provisional renewal of an exploration licence is properly accepted by the licence holder if, before the required time, the holder— Under section 89, the renewal of the licence cannot be effective before it is registered (see section 334 for registration). (2) The required time under subsection (1) is the end of the primary payment period or, if the licence holder has been granted an extension of the primary payment period under section 113, the end of the secondary payment period. 115—Conditions applicable to licence on renewal If the provisional renewal is properly accepted under section 114, the renewed licence is subject to— (a) the conditions specified in the notice given to the licence holder under section 110; or (b) if the Minister amended those conditions under section 111, those conditions as amended. 116—Lapse of provisional renewal of exploration licence If the provisional renewal of an exploration licence is not properly accepted under section 114, the provisional renewal lapses.