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Petroleum and Gas (Production and Safety) Act 2004
sec.62Deciding application
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### sec.62 Deciding application
If the proposed amendment—
does not relate to the initial work program for the authority to prospect; and
is to substitute the carrying out of an authorised activity (the original activity ) with another authorised activity;
the Minister may approve the amendment if satisfied the other activity is at least of an equivalent value to the original activity.
If the application is to extend the period of the work program for the authority, the Minister may approve the amendment only if satisfied—
the requirements under section 59 (2) or (3) have been complied with; and
the designated person mentioned in section 59 (4) is likely to provide additional financial or technical resources for the authority; and
the work program will be completed within the period of the extension.
For additional provisions about relinquishment that apply if the period is extended, see sections 65 (1) (c) and 78A .
Otherwise, the Minister may approve the amendment only if satisfied it is necessary because of a circumstance—
not related to—
the applicant’s financial or technical resources or ability to manage petroleum exploration; or
the results of exploration; and
the happening of which is or was beyond the applicant’s control; and
that could not have been prevented by a reasonable person in the applicant’s position.
Also, if the amendment is approved under subsection (3) , the relinquishment day for the authority may be deferred for a period that relates to a circumstance mentioned in subsection (3) .
A deferral under subsection (4) can not be for longer than 12 years after the authority took effect.
If, under this section, an amendment is approved, a condition (an additional relinquishment condition ) may be imposed on the authority requiring its holder to relinquish, by a lodged notice, at least a stated percentage of the original notional sub-blocks of the authority on or before a stated day.
s 62 amd 2004 No. 26 s 78 ; 2012 No. 20 s 281 sch 2 ; 2019 No. 17 s 290
(sec.62-ssec.1) If the proposed amendment— does not relate to the initial work program for the authority to prospect; and is to substitute the carrying out of an authorised activity (the original activity ) with another authorised activity; the Minister may approve the amendment if satisfied the other activity is at least of an equivalent value to the original activity.
(sec.62-ssec.2) If the application is to extend the period of the work program for the authority, the Minister may approve the amendment only if satisfied— the requirements under section 59 (2) or (3) have been complied with; and the designated person mentioned in section 59 (4) is likely to provide additional financial or technical resources for the authority; and the work program will be completed within the period of the extension. For additional provisions about relinquishment that apply if the period is extended, see sections 65 (1) (c) and 78A .
(sec.62-ssec.3) Otherwise, the Minister may approve the amendment only if satisfied it is necessary because of a circumstance— not related to— the applicant’s financial or technical resources or ability to manage petroleum exploration; or the results of exploration; and the happening of which is or was beyond the applicant’s control; and that could not have been prevented by a reasonable person in the applicant’s position.
(sec.62-ssec.4) Also, if the amendment is approved under subsection (3) , the relinquishment day for the authority may be deferred for a period that relates to a circumstance mentioned in subsection (3) .
(sec.62-ssec.5) A deferral under subsection (4) can not be for longer than 12 years after the authority took effect.
(sec.62-ssec.6) If, under this section, an amendment is approved, a condition (an additional relinquishment condition ) may be imposed on the authority requiring its holder to relinquish, by a lodged notice, at least a stated percentage of the original notional sub-blocks of the authority on or before a stated day.
- (a) does not relate to the initial work program for the authority to prospect; and
- (b) is to substitute the carrying out of an authorised activity (the original activity ) with another authorised activity;
- (a) the requirements under section 59 (2) or (3) have been complied with; and
- (b) the designated person mentioned in section 59 (4) is likely to provide additional financial or technical resources for the authority; and
- (c) the work program will be completed within the period of the extension. Note— For additional provisions about relinquishment that apply if the period is extended, see sections 65 (1) (c) and 78A .
- (a) not related to— (i) the applicant’s financial or technical resources or ability to manage petroleum exploration; or (ii) the results of exploration; and
- (i) the applicant’s financial or technical resources or ability to manage petroleum exploration; or
- (ii) the results of exploration; and
- (b) the happening of which is or was beyond the applicant’s control; and
- (c) that could not have been prevented by a reasonable person in the applicant’s position.
- (i) the applicant’s financial or technical resources or ability to manage petroleum exploration; or
- (ii) the results of exploration; and