221Grant of petroleum‑related pipeline licence—offer document

#### 221 Grant of petroleum‑related pipeline licence—offer document Scope (1) This section applies if an application for a pipeline licence has been made under section 217. Offer document—grant of pipeline licence to person other than petroleum production licensee (2) If: (a) the application is for a pipeline licence in relation to the construction in an offshore area of a petroleum pipeline for the conveyance of petroleum recovered in a petroleum production licence area (whether the licence area is within that, or another, offshore area); and (b) the applicant is not the petroleum production licensee; and (c) the application has not been rejected under subsection 218(2); the Joint Authority may give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to grant the applicant the pipeline licence. (2A) In deciding whether to give the applicant an offer document under subsection (2), the Joint Authority: (a) must have regard to the matters specified in subsection (2B); and (b) may have regard to any other matters the Joint Authority considers relevant. (2B) The matters are as follows: (a) whether the technical advice and financial resources available to the applicant are sufficient to: (i) carry out the operations and works that will be authorised by the licence; and (ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; (b) the matters specified in section 695YB as they apply to the applicant; (c) if the applicant is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate; (d) any other matters prescribed by the regulations. Offer document—grant of pipeline licence to petroleum production licensee (3) If: (a) the application is for a pipeline licence in relation to the construction of a petroleum pipeline for the conveyance of petroleum recovered in a petroleum production licence area; and (b) the applicant is the petroleum production licensee; and (c) each of the following has been complied with: (i) the conditions to which the petroleum production licence is, or has from time to time been, subject; (ii) the provisions of this Chapter, Chapter 4, Chapter 5A, Chapter 6 and Part 7.1; (iii) the regulations; and (d) the Joint Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to: (i) carry out the operations and works that will be authorised by the licence; and (ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and (e) the Joint Authority is satisfied of the matters (if any) prescribed by the regulations; the Joint Authority must give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to grant the applicant the pipeline licence. (4) If: (a) the application is for a pipeline licence in relation to the construction of a petroleum pipeline for the conveyance of petroleum recovered in a petroleum production licence area; and (b) the applicant is the petroleum production licensee; and (c) any of: (i) the conditions to which the petroleum production licence is, or has from time to time been, subject; or (ii) the provisions of this Chapter, Chapter 4, Chapter 5A, Chapter 6 and Part 7.1; or (iii) the provisions of the regulations; have not been complied with; and (d) the Joint Authority is satisfied that there are sufficient grounds to warrant the granting of the pipeline licence; the Joint Authority may give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to grant the applicant the pipeline licence. (4A) Without limiting paragraph (4)(d), in deciding whether to be satisfied that there are sufficient grounds to warrant the granting of the licence, the Joint Authority must have regard to: (a) whether the technical advice and financial resources available to the applicant are sufficient to: (i) carry out the operations and works that will be authorised by the licence; and (ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and (b) any other matters prescribed by the regulations. Offer document—other applications (5) If the application is for a pipeline licence in relation to the construction in an offshore area of a petroleum pipeline for the conveyance of petroleum recovered from a place beyond the outer limits of any offshore area, the Joint Authority may give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to grant the applicant a pipeline licence. (5A) In deciding whether to give the applicant an offer document under subsection (5), the Joint Authority: (a) must have regard to the matters specified in subsection (5B); and (b) may have regard to any other matters the Joint Authority considers relevant. (5B) The matters are as follows: (a) whether the technical advice and financial resources available to the applicant are sufficient to: (i) carry out the operations and works that will be authorised by the licence; and (ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; (b) the matters specified in section 695YB as they apply to the applicant; (c) if the applicant is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate; (d) any other matters prescribed by the regulations. Route to be followed by pipeline (6) An offer document under this section must specify the route to be followed by the petroleum pipeline. > Note 1: Section 259 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions). > Note 2: If the applicant breaches a requirement under section 258 to provide further information, the Joint Authority may refuse to give the applicant an offer document—see subsection 258(3).