73Surrender

73 Surrender (1) An interest holder may apply to the Minister to surrender all or part of the area to which the petroleum interest relates (the proposed surrender area). Petroleum Act 1984 83 (2) An application may not be made under subsection (1) unless: (a) all operations carried on in the proposed surrender area have ceased; and (b) all of the environmental outcomes required under this or another Act, including remediation and rehabilitation of land, have been met; and (c) any approved environment management plan that applied in relation to the proposed surrender area ceases to be in force in relation to the proposed surrender area. (3) Subsection (2)(b) applies in relation to: (a) the land comprising the proposed surrender area; and (b) any adjacent land that is or may be affected by operations carried on in the proposed surrender area. (4) An application under this section must be in the approved form. (5) The application must be accompanied by: (a) a statement confirming that: (i) all operations referred to in subsection (2)(a) have ceased; and (ii) all environmental outcomes referred to in subsection (2)(b) have been met; and (b) for subsection (2)(c) – a copy of a notice issued by the Environment Minister that provides for the approved environment management plan to no longer be in force; and (c) any other prescribed document or information; and (d) the prescribed fee. (6) The Minister may, by written notice, require an applicant to give a report or other information to the Minister. (7) The Minister is not required to make a decision on an application until the applicant complies with any requirement under subsection (6). (8) In the case of a partial surrender, the Minister may refuse to accept the surrender if the Minister is not satisfied that: (a) the requirements under subsection (2) are satisfied; and Petroleum Act 1984 84 (b) the interest holder, in relation to the area to which the petroleum interest relates, complied with: (i) the conditions of the petroleum interest; and (ii) the provisions of this Act; and (iii) any direction under this Act that is still relevant; and (c) the retained area will: (i) form one or more discrete areas comprising not less than the minimum number of blocks allowed under this Act; and (ii) be a shape and size that complies with the other requirements of this Act; and (d) the surrender is appropriate taking into account the relevant well operations management plan and petroleum surface infrastructure plan, and any other relevant matter. (9) The Minister may, if satisfied that circumstances justify the acceptance of a surrender, accept a partial surrender if the retained area does not comply with subsection (8)(c). (10) In the case of a complete surrender, the Minister may refuse to accept the surrender if the Minister is not satisfied that: (a) the requirements under subsection (2) are satisfied; and (b) the interest holder, in relation to the area to which the petroleum interest relates, complied with: (i) the conditions of the petroleum interest; and (ii) the provisions of this Act; and (iii) any direction under this Act that is still relevant; and (c) the surrender is appropriate taking into account the relevant well operations management plan and petroleum surface infrastructure plan, and any other relevant matter. (11) An interest holder is not entitled to a refund of part of an annual fee for an unexpired period after the acceptance of the surrender. Petroleum Act 1984 85