46Determination of permit or lease as to block not taken up

#### 46 Determination of permit or lease as to block not taken up (1) Subject to subsection (2), where: (a) a permittee who may make an application under section 39A or 40 in respect of a block does not, within the application period, make the application; or (b) an application made by a permittee under section 39A in respect of a block lapses or all applications made by a permittee under section 40 in respect of a block have lapsed; the permit is determined as to that block and the determination has effect: (c) in a case referred to in paragraph (a)—upon the expiration of the application period; and (d) in a case referred to in paragraph (b): (i) upon the expiration of the application period; or (ii) upon the lapsing of the application, or of the last of the applications, referred to in that paragraph; whichever is the later. (1A) Where an application made by a lessee under section 40A in respect of a block lapses, the lease is determined as to that block. (1B) Subject to subsection (2), where all applications made by a lessee under section 40B in respect of a block have lapsed, the lease is determined as to that block and the determination has effect upon the lapsing of the last of those applications. (2) Where a permittee or lessee makes an application for a secondary licence: (a) the permit or lease determined as to any blocks forming part of the location concerned that are not the subject of that application or of any application for a primary licence or for the variation of such a licence; and (b) the determination has effect upon the making of the application. (3) Subject to subsection (4), where a block or blocks constituting or forming part of a location is or are no longer the subject of a permit or lease, the Designated Authority shall, by instrument published in the Gazette: (a) in a case where that block or those blocks constitutes or constitute that location—revoke the declaration made under section 37 in respect of that location; or (b) in a case where that block or those blocks form part of that location—revoke the declaration made under section 37 in respect of that location to the extent that it relates to that block or those blocks. (4) Subsection (3) does not apply in relation to a block: (a) in respect of which an application for the grant of a lease or licence has been made, being an application that has not lapsed and in relation to which a decision has not been made by the Joint Authority; or (b) in respect of which a lease or licence is in force. (5) Where a lease is granted in respect of a block or blocks forming part of a location, the Designated Authority shall, by instrument published in the Gazette, revoke the declaration made under section 37 to the extent that it relates to the block or blocks that is or are not within the lease area. (6) Where: (a) the Joint Authority refuses to grant a lease in respect of a block or blocks constituting or forming part of a location; and (b) the reason, or one of the reasons, for the refusal is that the Joint Authority is not satisfied as to the matter referred to in subparagraph 38B(1)(c)(ii); the Designated Authority shall, by instrument published in the Gazette, revoke the declaration made under section 37 in respect of that location.