38GGrant or refusal of renewal of lease

38G Grant or refusal of renewal of lease (a) an application for the renewal of a lease has been made under section 38F; (b) any further information required by the Minister under section 38F(4) has been furnished in accordance with that section; and (c) the Minister is satisfied that recovery of petroleum from the lease area: (i) is not, at the time of the application, commercially viable; and (ii) is likely to become commercially viable within 15 years after that time, the Minister: (d) shall, if the conditions to which the lease is, or has from time (e) may, if: (i) any of the conditions to which the lease is, or has from Part and the Regulations have not been complied with; and

Petroleum (Submerged Lands) Act 1981 39 circumstances exist that justify the granting of the renewal of the lease, lessee, inform the person that he is prepared to grant to the person the renewal of the lease. (2) Subject to subsection (3), where an application for the renewal of a lease has been made under section 38F and: (a) any further information required by the Minister under section 38F(4) has not been furnished in accordance with that section; (b) the Minister is not satisfied as to the matters referred to in subsection (1)(c); or (c) any of the conditions to which the lease is, or has from time to Regulations have not been complied with and the Minister is not satisfied that special circumstances exist that justify the granting of the renewal of the lease, the Minister shall, by instrument in writing served on the person who is then the lessee, refuse to grant the renewal of the lease. (3) The Minister shall not refuse to grant the renewal of a lease unless: (a) he has, by instrument in writing served on the lessee, given not less than one month's notice of his intention to refuse to grant the renewal of the lease; (b) he has served a copy of the instrument on such other persons, if any, as he thinks fit; (c) he has, in the instrument: (ii) specified a date on or before which the lessee or a person on whom a copy of the instrument is served may, by instrument in writing served on the Minister, submit any matters that the lessee wishes to be considered; and (d) he has taken into account any matters so submitted on or before the specified date by the lessee or by a person on whom a copy of the first-mentioned instrument has been served.

Petroleum (Submerged Lands) Act 1981 40 (4) An instrument referred to in subsection (1) shall contain: (a) a summary of the conditions to which the lease, on the grant lessee does not make a request under subsection (6). (5) An instrument under subsection (2) shall, where the Minister refuses to grant the renewal of a lease by reason only that he is not satisfied as to the matter referred to in subsection (1)(c)(i), contain a statement to the effect that the lessee may, within the period of 12 months after the date of service of the instrument, make an application for a licence in respect of one or more of the blocks comprised in the lease. (6) A lessee on whom there has been served an instrument under subsection (1) may, within the period of one month after the date of service of the instrument on him, by instrument in writing served on the Minister, request the Minister to grant the renewal of the lease to the lessee. (7) Where a lessee on whom there has been served an instrument under subsection (1) has made a request under subsection (6) within the period referred to in subsection (6), the Minister shall grant to the lessee the renewal of the lease. (8) Where a lessee on whom there has been served an instrument under subsection (1) has not made a request under subsection (6) within the period referred to in subsection (6), the application lapses (9) Where: (a) an application for the renewal of a lease has been made; and (b) the lease expires: renewal of the lease; or subsection (8), the lease shall be deemed to continue in force in all respects: lease; or