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Petroleum and Gas (Production and Safety) Act 2004
sec.85Provisions and term of renewed authority
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### sec.85 Provisions and term of renewed authority
Subject to this section, section 42 applies to the renewed authority to prospect as if it were an authority to prospect granted under division 2 .
To remove any doubt, it is declared that the conditions of the renewed authority may be different from the conditions or other provisions of the authority to prospect being renewed.
The area of the renewed authority must not be more than the area of the authority to prospect being renewed immediately before the renewed authority is to take effect.
See, however, section 30AC (3) in relation to acquired land that was previously in the area of the authority to prospect being renewed.
If the renewed authority is decided before the end of the term of the authority to prospect being renewed as stated in that authority (the previous term ), the term of the renewed authority is taken to start from the end of the previous term.
If the renewed authority is decided after the previous term, the term of the renewed authority starts immediately after the end of the previous term, but—
the conditions of the renewed authority do not start until the authority holder is given notice of them; and
until the notice is given, the conditions of the authority to prospect being renewed apply to the renewed authority as if they were its conditions.
The term of the renewed authority must not end more than 12 years from when the authority to prospect originally took effect.
However, if any part of the area of the renewed authority is a potential commercial area, the term of the renewed authority for that part may be for a longer period that—
ends no later than when the declaration ends; and
is no more than the last term of the authority being renewed.
To remove any doubt, it is declared that subsection (7) (b) does not prevent a renewal of the renewed authority.
s 85 amd 2004 No. 26 s 69 (2) sch ; 2011 No. 2 s 121 ; 2012 No. 20 s 84 ; 2019 No. 17 s 299
(sec.85-ssec.1) Subject to this section, section 42 applies to the renewed authority to prospect as if it were an authority to prospect granted under division 2 .
(sec.85-ssec.2) To remove any doubt, it is declared that the conditions of the renewed authority may be different from the conditions or other provisions of the authority to prospect being renewed.
(sec.85-ssec.3) The area of the renewed authority must not be more than the area of the authority to prospect being renewed immediately before the renewed authority is to take effect. See, however, section 30AC (3) in relation to acquired land that was previously in the area of the authority to prospect being renewed.
(sec.85-ssec.4) If the renewed authority is decided before the end of the term of the authority to prospect being renewed as stated in that authority (the previous term ), the term of the renewed authority is taken to start from the end of the previous term.
(sec.85-ssec.5) If the renewed authority is decided after the previous term, the term of the renewed authority starts immediately after the end of the previous term, but— the conditions of the renewed authority do not start until the authority holder is given notice of them; and until the notice is given, the conditions of the authority to prospect being renewed apply to the renewed authority as if they were its conditions.
(sec.85-ssec.6) The term of the renewed authority must not end more than 12 years from when the authority to prospect originally took effect.
(sec.85-ssec.7) However, if any part of the area of the renewed authority is a potential commercial area, the term of the renewed authority for that part may be for a longer period that— ends no later than when the declaration ends; and is no more than the last term of the authority being renewed.
(sec.85-ssec.8) To remove any doubt, it is declared that subsection (7) (b) does not prevent a renewal of the renewed authority.
- (a) the conditions of the renewed authority do not start until the authority holder is given notice of them; and
- (b) until the notice is given, the conditions of the authority to prospect being renewed apply to the renewed authority as if they were its conditions.
- (a) ends no later than when the declaration ends; and
- (b) is no more than the last term of the authority being renewed.