191Duration of infrastructure licence

191 Duration of infrastructure licence

(1) An infrastructure licence remains in force indefinitely.

1 For the surrender of an infrastructure licence, see Part 2.12.

2 For the cancellation of an infrastructure licence, see Part 2.13.

3 For the termination of an infrastructure licence if there have been no operations for 5 years, see section 192.

192 Termination of infrastructure licence if no operations for 5 years

(1) If an infrastructure licence is in force, and the licensee—

(a) has not carried out any construction work under the licence at any time during a continuous period of at least 5 years; and

(b) has not used the infrastructure facilities constructed under the licence at any time during a continuous period of at least 5 years—

the Minister may, by written notice given to the licensee, tell the licensee that the Minister proposes to terminate the infrastructure licence after the end of 30 days after the notice is given.

(2) At any time after the end of 30 days after the notice referred to in subsection (1) is given to the licensee, the Minister may, by written notice given to the licensee, terminate the infrastructure licence.

(3) In working out, for the purposes of subsection (1)—

(a) the period in which an infrastructure licensee did not carry out any construction work under the licence; or

(b) the period in which an infrastructure licensee did not use the infrastructure facilities constructed under the licence—

disregard any period in which construction work was not carried out, or the infrastructure facilities were not used, as the case may be, because of circumstances beyond the licensee's control.

(4) For the purposes of subsection (3), the depletion of recoverable petroleum is not a circumstance beyond the licensee's control.

(5) The Minister may give a copy of a notice under subsection (1) to such other persons (if any) as the Minister thinks fit.

(6) A notice under subsection (1) must—

(a) invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the Minister about the proposal to terminate the licence; and

(7) In deciding whether to terminate the licence, the Minister must take into account any submissions made in accordance with the notice.

Division 2—Obtaining an infrastructure licence