104Surrender of permits, &c.

104 Surrender of permits, &c. (1) The registered holder of an instrument, being a permit, lease, licence or pipeline licence may, at any time, by application in writing served on the Minister, apply for consent to surrender the instrument: (a) in the case of a permit or licence – as to all or some of the blocks in respect of which it is in force; (aa) in the case of a lease – as to all of the blocks in respect of which it is in force; or (b) in the case of a pipeline licence – as to the whole or a part of the pipeline in respect of which it is in force. (2) Subject to subsection (3), the Minister shall not give his consent to a surrender of an instrument under subsection (1) unless the registered holder: (a) has paid all fees and amounts payable by him under this Act, or has made arrangements that are satisfactory to the Minister for the payment of those fees and amounts; (b) has complied with the conditions to which the instrument is subject and with the provisions of this Part and of the Regulations;

Petroleum (Submerged Lands) Act 1981 103 (c) has, to the satisfaction of the Minister, removed or caused to be removed from the area to which the surrender relates all property brought into that area by any person engaged or concerned in the operations authorized by the instrument, or has made arrangements that are satisfactory to the Minister with respect to that property; (d) has, to the satisfaction of the Minister, plugged or closed off all wells made in the area by any person engaged or concerned in the operations authorized by the instrument; (e) subject to this Part and to the Regulations, has made provision, to the satisfaction of the Minister, for the conservation and protection of the natural resources in the area; and (f) has, to the satisfaction of the Minister, made good any damage to the sea-bed or subsoil in the area caused by any person engaged or concerned in the operations authorized by the instrument. (3) Where the registered holder of an instrument, being a permit, lease, licence or pipeline licence, has not complied with the conditions to which the instrument is subject and with the provisions of this Part and of the Regulations, the Minister may give his consent to a surrender of the instrument under subsection (1) if he is satisfied that, although the registered holder has not so complied, special circumstances exist that justify the giving of consent to the surrender. (4) Where the Minister consents to an application under subsection (1), the applicant may, by notice in writing served on the Minister, surrender the instrument accordingly. (5) In this section, the area to which the surrender relates means: (a) in relation to a surrender of a permit, lease or licence – the area constituted by the blocks as to which the permit, lease or licence is proposed to be surrendered; and (b) in relation to a surrender of a pipeline licence – the part of an adjacent area in which the pipeline, or the part of the pipeline, as to which the pipeline licence is proposed to be surrendered, is constructed.