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Petroleum and Gas (Production and Safety) Act 2004
sec.89Applying for potential commercial area
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### sec.89 Applying for potential commercial area
The holder of an authority to prospect may apply for a declaration by the Minister that all or a stated part of the area of the authority is a potential commercial area for the authority.
The application must be—
in the approved form; and
accompanied by the fee prescribed under a regulation.
The application may be made—
for more than 1 part of the area of the authority to prospect; and
even if another part of the area of the authority is already a potential commercial area.
However, each part to which the application relates must be part of the same authority to prospect.
The application must include—
a report for, or that includes, the proposed potential commercial area that—
meets the requirements under section 231 for a commercial viability report; and
is still relevant to the circumstances of the proposed potential commercial area; and
an evaluation program for—
potential petroleum production or storage in the proposed potential commercial area; and
market opportunities for potential production or storage; and
information about the compliance or noncompliance with the conditions of the authority.
However, subsection (5) (a) does not apply if—
a commercial viability report or an independent viability assessment relates to, or includes the proposed potential commercial area; and
the report or assessment is still relevant to the circumstances of the proposed potential commercial area.
s 89 amd 2005 No. 3 s 49 ; 2011 No. 2 s 121 ; 2012 No. 20 s 281 sch 2 ; 2019 No. 17 s 300
(sec.89-ssec.1) The holder of an authority to prospect may apply for a declaration by the Minister that all or a stated part of the area of the authority is a potential commercial area for the authority.
(sec.89-ssec.2) The application must be— in the approved form; and accompanied by the fee prescribed under a regulation.
(sec.89-ssec.3) The application may be made— for more than 1 part of the area of the authority to prospect; and even if another part of the area of the authority is already a potential commercial area.
(sec.89-ssec.4) However, each part to which the application relates must be part of the same authority to prospect.
(sec.89-ssec.5) The application must include— a report for, or that includes, the proposed potential commercial area that— meets the requirements under section 231 for a commercial viability report; and is still relevant to the circumstances of the proposed potential commercial area; and an evaluation program for— potential petroleum production or storage in the proposed potential commercial area; and market opportunities for potential production or storage; and information about the compliance or noncompliance with the conditions of the authority.
(sec.89-ssec.6) However, subsection (5) (a) does not apply if— a commercial viability report or an independent viability assessment relates to, or includes the proposed potential commercial area; and the report or assessment is still relevant to the circumstances of the proposed potential commercial area.
- (a) in the approved form; and
- (b) accompanied by the fee prescribed under a regulation.
- (a) for more than 1 part of the area of the authority to prospect; and
- (b) even if another part of the area of the authority is already a potential commercial area.
- (a) a report for, or that includes, the proposed potential commercial area that— (i) meets the requirements under section 231 for a commercial viability report; and (ii) is still relevant to the circumstances of the proposed potential commercial area; and
- (i) meets the requirements under section 231 for a commercial viability report; and
- (ii) is still relevant to the circumstances of the proposed potential commercial area; and
- (b) an evaluation program for— (i) potential petroleum production or storage in the proposed potential commercial area; and (ii) market opportunities for potential production or storage; and
- (i) potential petroleum production or storage in the proposed potential commercial area; and
- (ii) market opportunities for potential production or storage; and
- (c) information about the compliance or noncompliance with the conditions of the authority.
- (i) meets the requirements under section 231 for a commercial viability report; and
- (ii) is still relevant to the circumstances of the proposed potential commercial area; and
- (i) potential petroleum production or storage in the proposed potential commercial area; and
- (ii) market opportunities for potential production or storage; and
- (a) a commercial viability report or an independent viability assessment relates to, or includes the proposed potential commercial area; and
- (b) the report or assessment is still relevant to the circumstances of the proposed potential commercial area.