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Petroleum and Gas (Production and Safety) Act 2004
sec.159Obligation to lodge proposed later development plan
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### sec.159 Obligation to lodge proposed later development plan
This section imposes an obligation on a petroleum lease holder to lodge a proposed later development plan for the lease.
For approval of the proposed plan, see division 4 , subdivision 5 .
If the holder wishes to renew the lease, a proposed later development plan must be included in the renewal application. See section 162 (1) .
The obligation is complied with only if the proposed later development plan—
is lodged; and
complies with the later development plan requirements; and
is accompanied by the relevant fee.
A proposed later development plan must be lodged—
at least 40, but no more than 100, business days before the end of the plan period for its current development plan (the current plan period ); or
as soon as practicable after the holder proposes or becomes aware of a significant change to the nature and extent of an authorised activity that is not already dealt with under the current development plan for the lease.
However, if before the end of the current plan period, a decision is made not to approve a proposed later development plan lodged under subsection (3) , the holder may, within the eligible balance of the period, lodge another proposed later development plan.
If the holder does not lodge any proposed later development plan before the end of the current plan period or if subsection (4) applies and the holder does not lodge another proposed later development plan within the eligible balance of the current plan period—
the holder must be given a notice requiring the holder to lodge a proposed later development plan for the lease within 40 business days after the giving of the notice; and
the holder must comply with the requirement.
In this section—
eligible balance , for a current plan period during which a decision mentioned in subsection (4) is made, means the balance of the period, other than the appeal period for the decision.
relevant fee , for the lodgement of the proposed plan, means—
if the proposed plan is lodged within the time required under subsection (3) —the fee prescribed under a regulation; or
if the proposed plan is lodged after the time required under subsection (3) and—
if it is lodged under subsection (4) —nil; or
if it is not lodged under subsection (4) —an amount that is 10 times the prescribed fee.
s 159 amd 2004 No. 26 ss 104 (amd 2004 No. 33 s 21C ), 69(2) sch; 2007 No. 46 s 167 ; 2011 No. 2 s 121 ; 2012 No. 20 s 281 sch 2 ; 2014 No. 47 s 615
(sec.159-ssec.1) This section imposes an obligation on a petroleum lease holder to lodge a proposed later development plan for the lease. For approval of the proposed plan, see division 4 , subdivision 5 . If the holder wishes to renew the lease, a proposed later development plan must be included in the renewal application. See section 162 (1) .
(sec.159-ssec.2) The obligation is complied with only if the proposed later development plan— is lodged; and complies with the later development plan requirements; and is accompanied by the relevant fee.
(sec.159-ssec.3) A proposed later development plan must be lodged— at least 40, but no more than 100, business days before the end of the plan period for its current development plan (the current plan period ); or as soon as practicable after the holder proposes or becomes aware of a significant change to the nature and extent of an authorised activity that is not already dealt with under the current development plan for the lease.
(sec.159-ssec.4) However, if before the end of the current plan period, a decision is made not to approve a proposed later development plan lodged under subsection (3) , the holder may, within the eligible balance of the period, lodge another proposed later development plan.
(sec.159-ssec.5) If the holder does not lodge any proposed later development plan before the end of the current plan period or if subsection (4) applies and the holder does not lodge another proposed later development plan within the eligible balance of the current plan period— the holder must be given a notice requiring the holder to lodge a proposed later development plan for the lease within 40 business days after the giving of the notice; and the holder must comply with the requirement.
(sec.159-ssec.6) In this section— eligible balance , for a current plan period during which a decision mentioned in subsection (4) is made, means the balance of the period, other than the appeal period for the decision. relevant fee , for the lodgement of the proposed plan, means— if the proposed plan is lodged within the time required under subsection (3) —the fee prescribed under a regulation; or if the proposed plan is lodged after the time required under subsection (3) and— if it is lodged under subsection (4) —nil; or if it is not lodged under subsection (4) —an amount that is 10 times the prescribed fee.
- 1 For approval of the proposed plan, see division 4 , subdivision 5 .
- 2 If the holder wishes to renew the lease, a proposed later development plan must be included in the renewal application. See section 162 (1) .
- (a) is lodged; and
- (b) complies with the later development plan requirements; and
- (c) is accompanied by the relevant fee.
- (a) at least 40, but no more than 100, business days before the end of the plan period for its current development plan (the current plan period ); or
- (b) as soon as practicable after the holder proposes or becomes aware of a significant change to the nature and extent of an authorised activity that is not already dealt with under the current development plan for the lease.
- (a) the holder must be given a notice requiring the holder to lodge a proposed later development plan for the lease within 40 business days after the giving of the notice; and
- (b) the holder must comply with the requirement.
- (a) if the proposed plan is lodged within the time required under subsection (3) —the fee prescribed under a regulation; or
- (b) if the proposed plan is lodged after the time required under subsection (3) and— (i) if it is lodged under subsection (4) —nil; or (ii) if it is not lodged under subsection (4) —an amount that is 10 times the prescribed fee.
- (i) if it is lodged under subsection (4) —nil; or
- (ii) if it is not lodged under subsection (4) —an amount that is 10 times the prescribed fee.
- (i) if it is lodged under subsection (4) —nil; or
- (ii) if it is not lodged under subsection (4) —an amount that is 10 times the prescribed fee.