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Petroleum and Gas (Production and Safety) Act 2004
sec.59Restrictions on amending work program
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### sec.59 Restrictions on amending work program
An authority to prospect holder may amend the work program for the authority only if—
an application for approval of the amendment has been made under this subdivision and the amendment has been approved under this subdivision; and
See also section 91 (Inclusion of evaluation program in work program).
if the amendment is to extend the period of the work program—the requirements under subsection (2) or (3) have been complied with.
For subsection (1) (b) , the requirements for an amendment to extend the period of an approved initial work program for an authority to prospect are—
the period of the approved initial work program has not previously been extended; and
either—
the Minister is satisfied the amendment is needed for a reason beyond the holder’s control; or
within 3 months before the making of the application, the authority to prospect has been transferred within the meaning of subsection (4) .
For subsection (1) (b) , the requirements for an amendment to extend the period of an approved later work program for an authority to prospect are—
the period of the approved later work program, and any earlier approved work program for the authority, has not previously been extended; and
within 3 months before the making of the application, the authority to prospect has been transferred within the meaning of subsection (4) .
For subsection (2) and (3) , an authority to prospect is transferred only if—
a person (the designated person ) became a holder of the authority as a result of—
an application having been made, under the Common Provisions Act , for approval of a transfer of a share in the authority; and
approval to register the transfer having been given under that Act; and
the share, or proposed share, of the designated person in the authority is at least 50%; and
the designated person is not, under the Corporations Act , section 64B , an entity connected with another person who is a holder of the authority.
An amendment under this section to extend the period of a work program may be granted only if the extended period ends no later than—
1 year after the current period of the work program; or
12 years after the authority originally took effect.
s 59 sub 2004 No. 26 s 77
amd 2004 No. 26 s 69 (2) sch (amdt could not be given effect); 2005 No. 68 s 150 sch ; 2007 No. 46 s 164 ; 2011 No. 2 ss 121 , 122 sch ; 2012 No. 20 s 266 ; 2014 No. 47 s 539 ; 2019 No. 17 s 289 ; 2020 No. 14 s 218 sch 1
(sec.59-ssec.1) An authority to prospect holder may amend the work program for the authority only if— an application for approval of the amendment has been made under this subdivision and the amendment has been approved under this subdivision; and See also section 91 (Inclusion of evaluation program in work program). if the amendment is to extend the period of the work program—the requirements under subsection (2) or (3) have been complied with.
(sec.59-ssec.2) For subsection (1) (b) , the requirements for an amendment to extend the period of an approved initial work program for an authority to prospect are— the period of the approved initial work program has not previously been extended; and either— the Minister is satisfied the amendment is needed for a reason beyond the holder’s control; or within 3 months before the making of the application, the authority to prospect has been transferred within the meaning of subsection (4) .
(sec.59-ssec.3) For subsection (1) (b) , the requirements for an amendment to extend the period of an approved later work program for an authority to prospect are— the period of the approved later work program, and any earlier approved work program for the authority, has not previously been extended; and within 3 months before the making of the application, the authority to prospect has been transferred within the meaning of subsection (4) .
(sec.59-ssec.4) For subsection (2) and (3) , an authority to prospect is transferred only if— a person (the designated person ) became a holder of the authority as a result of— an application having been made, under the Common Provisions Act , for approval of a transfer of a share in the authority; and approval to register the transfer having been given under that Act; and the share, or proposed share, of the designated person in the authority is at least 50%; and the designated person is not, under the Corporations Act , section 64B , an entity connected with another person who is a holder of the authority.
(sec.59-ssec.5) An amendment under this section to extend the period of a work program may be granted only if the extended period ends no later than— 1 year after the current period of the work program; or 12 years after the authority originally took effect.
- (a) an application for approval of the amendment has been made under this subdivision and the amendment has been approved under this subdivision; and Note— See also section 91 (Inclusion of evaluation program in work program).
- (b) if the amendment is to extend the period of the work program—the requirements under subsection (2) or (3) have been complied with.
- (a) the period of the approved initial work program has not previously been extended; and
- (b) either— (i) the Minister is satisfied the amendment is needed for a reason beyond the holder’s control; or (ii) within 3 months before the making of the application, the authority to prospect has been transferred within the meaning of subsection (4) .
- (i) the Minister is satisfied the amendment is needed for a reason beyond the holder’s control; or
- (ii) within 3 months before the making of the application, the authority to prospect has been transferred within the meaning of subsection (4) .
- (i) the Minister is satisfied the amendment is needed for a reason beyond the holder’s control; or
- (ii) within 3 months before the making of the application, the authority to prospect has been transferred within the meaning of subsection (4) .
- (a) the period of the approved later work program, and any earlier approved work program for the authority, has not previously been extended; and
- (b) within 3 months before the making of the application, the authority to prospect has been transferred within the meaning of subsection (4) .
- (a) a person (the designated person ) became a holder of the authority as a result of— (i) an application having been made, under the Common Provisions Act , for approval of a transfer of a share in the authority; and (ii) approval to register the transfer having been given under that Act; and
- (i) an application having been made, under the Common Provisions Act , for approval of a transfer of a share in the authority; and
- (ii) approval to register the transfer having been given under that Act; and
- (b) the share, or proposed share, of the designated person in the authority is at least 50%; and
- (c) the designated person is not, under the Corporations Act , section 64B , an entity connected with another person who is a holder of the authority.
- (i) an application having been made, under the Common Provisions Act , for approval of a transfer of a share in the authority; and
- (ii) approval to register the transfer having been given under that Act; and
- (a) 1 year after the current period of the work program; or
- (b) 12 years after the authority originally took effect.