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Petroleum and Gas (Production and Safety) Act 2004
sec.131Provisions for preferred tenderers
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### sec.131 Provisions for preferred tenderers
The Minister may require a preferred tenderer for the call for tenders to—
pay any amounts necessarily incurred, or to be incurred, to enable the petroleum lease to be granted; and
amounts required to comply with the Commonwealth Native Title Act , part 2 , division 3 , subdivision P
to do all or any of the following within a stated reasonable period—
pay the annual rent for the first year of the lease;
give security for the lease, as required under section 488 .
If a preferred tenderer does not—
comply with a requirement under subsection (1) ; or
do all things reasonably necessary to allow a petroleum lease to be granted to the tenderer;
the Minister may revoke the tenderer’s appointment as the preferred tenderer.
However, before acting under subsection (2) , the Minister must give the preferred tenderer a reasonable opportunity to provide reasons for, and rectify, the tenderer’s failure to comply with a requirement under subsection (1) or (2) (b) .
If the Minister revokes the tenderer’s appointment as the preferred tenderer under this section, the Minister may—
retain the whole or part of any tender security given by the tenderer, if the Minister considers it reasonable in the circumstances; and
appoint another tenderer to be the preferred tenderer.
s 131 amd 2013 No. 10 s 173
(sec.131-ssec.1) The Minister may require a preferred tenderer for the call for tenders to— pay any amounts necessarily incurred, or to be incurred, to enable the petroleum lease to be granted; and amounts required to comply with the Commonwealth Native Title Act , part 2 , division 3 , subdivision P to do all or any of the following within a stated reasonable period— pay the annual rent for the first year of the lease; give security for the lease, as required under section 488 .
(sec.131-ssec.2) If a preferred tenderer does not— comply with a requirement under subsection (1) ; or do all things reasonably necessary to allow a petroleum lease to be granted to the tenderer; the Minister may revoke the tenderer’s appointment as the preferred tenderer.
(sec.131-ssec.3) However, before acting under subsection (2) , the Minister must give the preferred tenderer a reasonable opportunity to provide reasons for, and rectify, the tenderer’s failure to comply with a requirement under subsection (1) or (2) (b) .
(sec.131-ssec.4) If the Minister revokes the tenderer’s appointment as the preferred tenderer under this section, the Minister may— retain the whole or part of any tender security given by the tenderer, if the Minister considers it reasonable in the circumstances; and appoint another tenderer to be the preferred tenderer.
- (a) pay any amounts necessarily incurred, or to be incurred, to enable the petroleum lease to be granted; and Example— amounts required to comply with the Commonwealth Native Title Act , part 2 , division 3 , subdivision P
- (b) to do all or any of the following within a stated reasonable period— (i) pay the annual rent for the first year of the lease; (ii) give security for the lease, as required under section 488 .
- (i) pay the annual rent for the first year of the lease;
- (ii) give security for the lease, as required under section 488 .
- (i) pay the annual rent for the first year of the lease;
- (ii) give security for the lease, as required under section 488 .
- (a) comply with a requirement under subsection (1) ; or
- (b) do all things reasonably necessary to allow a petroleum lease to be granted to the tenderer;
- (a) retain the whole or part of any tender security given by the tenderer, if the Minister considers it reasonable in the circumstances; and
- (b) appoint another tenderer to be the preferred tenderer.