59KVariation of infrastructure licence

#### 59K Variation of infrastructure licence (1) An infrastructure licensee may, at any time, make an application to the Designated Authority for the variation by the Joint Authority of the infrastructure licence. (2) An application under this section: (a) is to be made in the approved manner; and (b) is to be accompanied by particulars of the proposed variation; and (c) is to set out the reasons for the proposed variation; and (d) is to be accompanied by the prescribed fee. (3) The Designated Authority may, at any time, by written notice served on the applicant, require the applicant to give, within the period stated in the notice, further written information in connection with the application. (4) If the infrastructure licence was granted in respect of a place in a block that: (a) is the subject of a permit, lease, licence, infrastructure licence, special prospecting authority or access authority; or (b) is, or is proposed to be, transected by a pipeline in accordance with the provisions of a pipeline licence; of which the registered holder is a person other than the applicant, the Joint Authority must not vary the infrastructure licence pursuant to the application unless the Designated Authority: (c) has, by written notice served on the registered holder, given not less than one month’s notice that the Joint Authority is considering the application; and (d) has served a copy of the notice on such other persons (if any) as the Joint Authority thinks fit; and (e) has, in the notice: (i) given particulars of the proposed variation; and (ii) specified a date on or before which a person on whom the notice, or a copy of the notice, is served may, by writing served on the Joint Authority, submit any matters that the person wishes the Joint Authority to consider. (5) Subsection (4) does not apply: (a) in respect of the registered holder of a permit, lease, licence, infrastructure licence or pipeline licence if the registered holder has consented in writing to the variation of the infrastructure licence; or (b) in respect of the registered holder of a special prospecting authority or an access authority if: (i) the registered holder has consented in writing to the variation of the infrastructure licence; or (ii) the special prospecting authority or access authority will expire before any construction or operation of facilities under the infrastructure licence as proposed to be varied would occur. (6) After considering any matters submitted to the Designated Authority under subsection (4) on or before the date specified in the notice served under that subsection by a person to whom the notice, or a copy of the notice, has been served, the Joint Authority may: (a) by written notice served on the applicant, vary the infrastructure licence to such extent as the Joint Authority thinks necessary; or (b) refuse to vary the infrastructure licence.