(1) This section applies if an application for the grant of a petroleum production licence has been made under section 164 or 166.
(a) the application specifies one block; and
(b) the Minister is not satisfied that the block contains petroleum—
the Minister must, by written notice given to the applicant, refuse to grant a petroleum production licence to the applicant.
(b) the Minister is not satisfied that any of the blocks contains petroleum—
the Minister must, by written notice given to the applicant, refuse to grant a petroleum production licence to the applicant.
S. 168(4)(b) amended by No. 55/2010 s. 80(1).
(b) the Minister is satisfied that—
(i) only one of the blocks contains petroleum; or
(ii) some, but not all, of the blocks contain petroleum—
the Minister must, by written notice given to the applicant, refuse to grant a petroleum production licence to the applicant in relation to the remaining block or blocks.
The petroleum exploration permit or petroleum retention lease remains in force in relation to the remaining block or blocks.
(a) (assuming that the applicant were granted a petroleum production licence over the block or blocks as to which the Minister is satisfied as mentioned in section 167(1)(b)) the petroleum production licence would be a post-commencement petroleum production licence; and
(i) the Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the petroleum production licence will have a significant adverse impact on operations that are being, or could be, carried on under a greenhouse gas assessment permit or a greenhouse gas holding lease; or
(ii) if one or more identified greenhouse gas storage formations are wholly situated in the permit area of a greenhouse gas assessment permit or the lease area of a greenhouse gas holding lease—the Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the petroleum production licence will have a significant adverse impact on operations that could be carried on under a future greenhouse gas injection licence, where the identified greenhouse gas storage formation, or any of the identified greenhouse gas storage formations, is wholly situated in the licence area of the future greenhouse gas injection licence; and
(c) the Minister is not satisfied that it is in the public interest for the petroleum production licence to be granted to the applicant—
the Minister must, by written notice given to the applicant, refuse to grant a petroleum production licence to the applicant.
Section 168 - Offshore Petroleum and Greenhouse Gas Storage Act 2010 - Refusal to grant petroleum production licence | Zoe
Note to s. 168(5) inserted by No. 26/2021 s. 22.
Section 151A contains requirements for the Minister to have regard to cross-boundary greenhouse gas titles when deciding whether to grant a petroleum production licence.
(a) (assuming that the applicant were granted a petroleum production licence over the block or blocks as to which the Minister is satisfied as mentioned in section 167(1)(b)) the petroleum production licence would be a post‑commencement petroleum production licence; and
(b) the Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the petroleum production licence will have a significant adverse impact on operations that are being, or could be, carried on under a greenhouse gas injection licence; and
(c) the Minister is not satisfied that—
(i) the registered holder of the greenhouse gas injection licence has agreed, in writing, to the grant of the petroleum production licence; and
(ii) to the extent to which the agreement is a dealing to which Part 5.6 applies—the dealing has been approved under section 585 or is reasonably likely to be approved under that section; and
(iii) to the extent to which the agreement is a dealing to which Part 4.6 would apply if the petroleum production licence were to come into existence—it is reasonably likely that the dealing would, after the petroleum production licence comes into existence, be approved under section 528—
the Minister must, by written notice given to the applicant, refuse to grant a petroleum production licence to the applicant.
(7) A notice under this section must set out the reasons for the Minister's refusal.
(8) For the purposes of subsection (6)(c), in considering whether the grant of the petroleum production licence is in the public interest, the Minister must have regard to—
(a) whether the registered holder of the greenhouse gas assessment permit or greenhouse gas holding lease, as the case may be, has agreed, in writing, to the grant of the petroleum production licence; and
(9) Subsection (8) does not limit the matters to which the Minister may have regard.
(10) This section has effect subject to section 169.
169 Minister may defer taking action on application for petroleum production licence if there is a pending application for a greenhouse gas assessment permit
(b) assuming that the applicant were granted a petroleum production licence over the block or blocks as to which the Minister is so satisfied as mentioned in section 167(1)(b), the petroleum production licence would be a post‑commencement petroleum production licence; and
(c) when the application for the grant of the petroleum production licence was made, an application for a greenhouse gas assessment permit was being considered by the Minister; and
(d) the Minister is satisfied that it would be in the public interest to defer taking any action under section 167 or 168 in relation to the application for the grant of the petroleum production licence until the application for the greenhouse gas assessment permit is finalised.
(2) The Minister must not take any action under section 167 or 168 in relation to the application for the grant of the petroleum production licence until 24 hours after whichever of the following events happens first—
(a) the Minister grants a greenhouse gas assessment permit to the applicant for the permit;
(b) the application for the greenhouse gas assessment permit lapses;
(c) the Minister refuses to grant a greenhouse gas assessment permit to the applicant for the permit.
170 Grant of petroleum production licence
If—
(a) an applicant has been given an offer document under section 167; and
(b) the applicant has made a request under section 256 in relation to the offer document within the period applicable under that section—
the Minister must grant the applicant a petroleum production licence over the block or blocks as to which the Minister is satisfied as mentioned in section 167(1)(b).
1 If the applicant does not make a request under section 256 within the period applicable under that section, the application lapses at the end of that period—see section 256(4).
2 If an application made by a petroleum exploration permittee in relation to a block lapses, the petroleum exploration permit is revoked to the extent to which it relates to that block—see section 180.
3 If an application made by a petroleum retention lessee in relation to a block lapses, the petroleum retention lease is revoked to the extent to which it relates to that block—see section 180.
171 Petroleum exploration permit or petroleum retention lease ceases to be in force when petroleum production licence comes into force
When a petroleum production licence under section 170 comes into force in relation to one or more blocks, a petroleum exploration permit or petroleum retention lease ceases to be in force to the extent to which it relates to those blocks.