188Revocation of petroleum exploration permit or petroleum retention lease to the extent to which it relates to a block not taken up

#### 188 Revocation of petroleum exploration permit or petroleum retention lease to the extent to which it relates to a block not taken up Permittee does not apply for a petroleum production licence or a petroleum retention lease (1) If: (a) a petroleum exploration permittee could apply under section 168 for a petroleum production licence in relation to a block or blocks; and (b) the permittee does not: (i) within the application period mentioned in subsection 169(1), make the application; or (ii) within the application period mentioned in subsection 141(3), apply under section 141 for a petroleum retention lease; then: (c) the petroleum exploration permit is revoked to the extent to which it relates to that block or those blocks; and (d) the revocation has effect at the end of whichever is the later of the application periods mentioned in paragraph (b). Permittee does not apply for a petroleum production licence (1A) If: (a) a petroleum exploration permittee applies under section 141 for a petroleum retention lease in relation to a block or blocks; and (b) a notice refusing to grant the petroleum retention lease is given to the permittee under section 143; and (c) the reason for the refusal is that the Joint Authority is not satisfied as to the matter referred to in subparagraph 142(b)(ii); and (d) after the section 143 notice is given, the permittee does not, within the application period mentioned in subsection 169(3), apply under section 168 for a petroleum production licence in relation to that block or those blocks; then: (e) the petroleum exploration permit is revoked to the extent to which it relates to that block or those blocks; and (f) the revocation has effect at the end of the application period mentioned in subsection 169(3). Permittee’s application lapses (2) If an application made by a petroleum exploration permittee under section 168 in relation to a block or blocks lapses: (a) the petroleum exploration permit is revoked to the extent to which it relates to that block or those blocks; and (b) the revocation has effect: (i) at the end of the application period; or (ii) on the lapsing of the application; whichever is the later. > Note: For lapsing of applications, see section 260. Lessee’s application lapses (3) If an application made by a petroleum retention lessee under section 170 in relation to a block or blocks lapses: (a) the petroleum retention lease is revoked to the extent to which it relates to that block or those blocks; and (b) the revocation has effect on the lapsing of the application. > Note 1: For lapsing of applications, see section 260. > Note 2: See also subsection 132(3) (revocation of declaration of location where block is no longer the subject of a petroleum exploration permit or a petroleum retention lease). Exception—permit affected by a change to the boundary of the coastal waters of a State or Territory (4) This section does not apply in relation to a petroleum exploration permit if: (a) the permit has been granted on the basis that an area (the relevant area) is within the offshore area of a State or the Northern Territory; and (b) as a result of a change to the boundary of the coastal waters of the State or Territory, the relevant area: (i) ceases to be within the offshore area of the State or Territory; and (ii) falls within the coastal waters of the State or Territory; and (c) immediately before the change, the relevant area was a part of the permit area. (5) For the purposes of subsection (4): (a) disregard section 283; and (b) it is immaterial whether the change occurred before, at or after the commencement of this subsection.