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Petroleum and Gas (Production and Safety) Act 2004
sec.178Deciding application for data acquisition authority
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### sec.178 Deciding application for data acquisition authority
The Minister may grant or refuse the data acquisition authority.
However, the data acquisition authority can not be granted unless a relevant environmental authority for the data acquisition authority has been issued.
If the application relates to acquired land, see also section 30AC .
The authority must state its term and the area subject to the authority.
The term must end no later than 2 years after the authority takes effect.
The authority may also state—
conditions or other provisions of the authority, other than conditions or provisions that are—
inconsistent with section 180 , 181 or 184A or any other mandatory condition for data acquisition authorities; or
Chapter 5 also imposes mandatory conditions on data acquisition authorities. In particular, see chapter 5 , part 8 .
inconsistent with a condition of the petroleum tenure to which the authority relates; or
the same as, or substantially the same as, or inconsistent with, any relevant environmental condition for the authority; and
the day it takes effect.
However, the provisions of the authority may exclude or restrict the carrying out of data acquisition activities.
The Minister may, as a condition of deciding to grant the authority, require the applicant to do all or any of the following within a stated reasonable period—
pay the annual rent for the authority;
give, under section 488 , security for the authority.
If the applicant does not comply with the requirement, the application may be refused.
s 178 amd 2004 No. 26 s 108 ; 2005 No. 3 s 105 sch ; 2012 No. 20 s 96 ; 2014 No. 47 s 617
(sec.178-ssec.1) The Minister may grant or refuse the data acquisition authority.
(sec.178-ssec.2) However, the data acquisition authority can not be granted unless a relevant environmental authority for the data acquisition authority has been issued. If the application relates to acquired land, see also section 30AC .
(sec.178-ssec.3) The authority must state its term and the area subject to the authority.
(sec.178-ssec.4) The term must end no later than 2 years after the authority takes effect.
(sec.178-ssec.5) The authority may also state— conditions or other provisions of the authority, other than conditions or provisions that are— inconsistent with section 180 , 181 or 184A or any other mandatory condition for data acquisition authorities; or Chapter 5 also imposes mandatory conditions on data acquisition authorities. In particular, see chapter 5 , part 8 . inconsistent with a condition of the petroleum tenure to which the authority relates; or the same as, or substantially the same as, or inconsistent with, any relevant environmental condition for the authority; and the day it takes effect.
(sec.178-ssec.6) However, the provisions of the authority may exclude or restrict the carrying out of data acquisition activities.
(sec.178-ssec.7) The Minister may, as a condition of deciding to grant the authority, require the applicant to do all or any of the following within a stated reasonable period— pay the annual rent for the authority; give, under section 488 , security for the authority.
(sec.178-ssec.8) If the applicant does not comply with the requirement, the application may be refused.
- (a) conditions or other provisions of the authority, other than conditions or provisions that are— (i) inconsistent with section 180 , 181 or 184A or any other mandatory condition for data acquisition authorities; or Note— Chapter 5 also imposes mandatory conditions on data acquisition authorities. In particular, see chapter 5 , part 8 . (ii) inconsistent with a condition of the petroleum tenure to which the authority relates; or (iii) the same as, or substantially the same as, or inconsistent with, any relevant environmental condition for the authority; and
- (i) inconsistent with section 180 , 181 or 184A or any other mandatory condition for data acquisition authorities; or Note— Chapter 5 also imposes mandatory conditions on data acquisition authorities. In particular, see chapter 5 , part 8 .
- (ii) inconsistent with a condition of the petroleum tenure to which the authority relates; or
- (iii) the same as, or substantially the same as, or inconsistent with, any relevant environmental condition for the authority; and
- (b) the day it takes effect.
- (i) inconsistent with section 180 , 181 or 184A or any other mandatory condition for data acquisition authorities; or Note— Chapter 5 also imposes mandatory conditions on data acquisition authorities. In particular, see chapter 5 , part 8 .
- (ii) inconsistent with a condition of the petroleum tenure to which the authority relates; or
- (iii) the same as, or substantially the same as, or inconsistent with, any relevant environmental condition for the authority; and
- (a) pay the annual rent for the authority;
- (b) give, under section 488 , security for the authority.