Section 119 - Petroleum (Offshore) Act 1982 - Release of information | Zoe

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Section 119 - Petroleum (Offshore) Act 1982 - Release of information | Zoe

(4) For the purposes of subsections (2) and (3)—

(a) where—

(i) a permit or lease is in force in respect of the block, and

(ii) the document, core, cutting or sample was furnished to the Minister during the period during which any of the following were in force in respect of the block—

(A) the permit or lease,

(B) in a case where a lease is in force in respect of the block—the permit that ceased to be in force in respect of the block by virtue of section 39B (7) on the day on which the lease came into force,

the relevant day is the day on which the period of 2 years that commenced on the day on which the document, core, cutting or sample was furnished to the Minister expires, and

(b) where—

(i) a licence is in force in respect of the block, and

(ii) the document, core, cutting or sample was furnished to the Minister during the period during which any of the following were in force in respect of the block—

(A) the licence,

(B) the permit or lease that ceased to be in force in respect of the block by virtue of section 45 (5) on the day on which the licence came into force,

the relevant day is the day on which the period of 12 months that commenced on the day on which the document, core, cutting or sample was furnished to the Minister expires,

(c) where the document, core, cutting or sample was furnished to the Minister during a period during which a permit, lease or licence was in force in respect of the block and—

(i) the permit, lease or licence is surrendered, cancelled or determined as to the block, or

(ii) the permit, lease or licence expires but is not renewed in respect of the block,

the relevant day is the day on which the permit, lease or licence is so surrendered, cancelled or determined or expires, as the case may be, whether another permit, lease or licence is subsequently in force in respect of the block or not, and

(d) where—

(i) the document, core, cutting or sample was furnished to the Minister at a time when a permit, lease or licence was not in force in respect of the block, and

(ii) the information in the document or the core, cutting or sample was collected for the purpose of the sale of information on a non-exclusive basis,

the relevant day is the day determined by the Minister, being a day not more than 5 years after the day on which the document, core, cutting or sample was furnished to the Minister, and

(e) where—

(i) the document, core, cutting or sample was furnished to the Minister at a time when a permit, lease or licence was not in force in respect of the block, and

(ii) paragraph (d) (ii) does not apply,

the relevant day is the day determined by the Minister, being a day not more than 2 years after the day on which the document, core, cutting or sample was furnished to the Minister.

(5) Where—

(a) a document, core, cutting or sample referred to in subsection (1) was furnished to the Minister—

(i) during or in respect of a period during which a permit, lease or licence was in force in respect of the block, or

(ii) during or in respect of a period during which a special prospecting authority or access authority was in force in respect of the block but during which a permit, lease or licence was not in force in respect of the block, and

(b) the permittee, lessee, licensee or holder of the special prospecting authority or access authority or, if the permit, lease, licence, special prospecting authority or access authority has ceased to be in force, the person who was the holder of the permit, lease, licence, special prospecting authority or access authority—

(i) has made publicly known any information contained in the document or has consented in writing to any of that information being made publicly known, or

(ii) has made publicly known any particulars of that core, cutting or sample or has consented in writing to any particulars of that core, cutting or sample being made publicly known or to that core, cutting or sample being made available for inspection,

the Minister or another Minister to whom that information, core, cutting or sample has been made available under subsection (1) may, at any time after that information has, or those particulars have, been made publicly known or after that consent has been given—

(c) make publicly known that information or, on request by another person and, if the Minister or the other Minister so requires, on payment of a fee calculated in accordance with the regulations, make that information available to that other person, or

(d) make publicly known those particulars or, on request by any other person and, if the Minister or the other Minister so requires, on payment of a fee calculated in accordance with the regulations, permit that other person to inspect that core, cutting or sample,

as the case may be.