65Grant or refusal of grant of pipeline licence

65 Grant or refusal of grant of pipeline licence (1) Where a person makes an application in accordance with section 64, the Minister may, if that person is not the licensee and the application has not been rejected under section 64(3), inform the applicant, by notice in writing served on the applicant, that the Minister is prepared to grant a pipeline licence to the applicant. (2) Where an application for a pipeline licence in respect of the construction in an adjacent area of a pipeline for the conveyance of petroleum recovered in a licence area is made in accordance with section 64 by the licensee, the Minister: (a) shall, if the conditions to which the licence is, or has from time (b) may, if: (i) any of the conditions to which the licence is, or has from Part or the Regulations have not been complied with; and circumstances exist that justify the granting of a pipeline licence,

Petroleum (Submerged Lands) Act 1981 69 licensee, inform the person that the Minister is prepared to grant to the person a pipeline licence. (2A) If a person makes an application in accordance with section 64 for a pipeline licence in respect of the construction in an adjacent area of a pipeline for the conveyance of petroleum recovered from a place beyond the outer limits of any adjacent area, the Minister may inform the person, by instrument in writing served on the person, that he or she is prepared to grant the person a pipeline licence. (3) Where an application for a pipeline licence in respect of the construction in an adjacent area of a pipeline for the conveyance of petroleum recovered in a licence area is made in accordance with section 64 by the licensee, the Minister shall, if: (a) any of the conditions to which the licence is, or has from time to time been, subject or any of the provisions of this Part or the Regulations have not been complied with; and (b) the Minister is not satisfied that special circumstances exist that justify the granting of a pipeline licence, licensee, refuse to grant a pipeline licence. (4) The Minister shall not, under subsection (3), refuse to grant a pipeline licence to a licensee unless: (a) he or she has, by notice in writing served on the licensee, given not less than one month's notice of his or her intention to refuse to grant the pipeline licence; (b) he or she has served a copy of the notice on such other persons, if any, as he or she thinks fit; (c) he or she has, in the notice: (ii) specified a date on or before which the licensee or a matters that he or she wishes the Minister to consider; and (d) he or she has taken into account any matters so submitted to him or her on or before the specified date by the licensee or by a person on whom a copy of the first-mentioned notice has been served.

Petroleum (Submerged Lands) Act 1981 70 (5) Where a person other than a licensee or a pipeline operator under the Commonwealth Act or a corresponding law makes an application in accordance with section 64 for a pipeline licence in respect of the construction of a pipeline for the conveyance of petroleum recovered in a licence area or, as the case may be, a licence area of a production licence under the Commonwealth Act or a corresponding law, the Minister may, by instrument in writing served on the applicant, refuse to grant a pipeline licence. (7) A notice under subsection (1) or an instrument under subsection (2) or (2A): (a) shall specify the route to be followed by the pipeline; (b) shall contain a summary of the conditions subject to which a pipeline licence is to be granted; and (c) shall contain a statement to the effect that the application will lapse if the applicant does not make a request under subsection (9). (8) The route to be specified in a notice under subsection (1) or an instrument under subsection (2) or (2A) shall be: (a) the route shown in the plan accompanying the application; or (b) if the Minister is of the opinion that, for any reason, that route is not appropriate – a route that, in the opinion of the Minister, is appropriate. (9) A person who has been served with a notice under subsection (1) or an instrument under subsection (2) or (2A) may, within a period of 3 months after the date of service of the notice on the person, or within such further period, not exceeding 3 months, as the Minister, on application in writing served on the person before the expiration of the first-mentioned period of 3 months, allows, by notice in writing served on the Minister, request the Minister to grant to the person the pipeline licence. (10) Where a person who has been served with a notice under subsection (1) or an instrument under subsection (2) or (2A) has made a request under subsection (9) within the period applicable under subsection (9), the Minister shall grant to that person a licence to construct and operate a pipeline in respect of the pipeline specified in the notice or instrument. (11) Where a person who has been served with a notice under subsection (1) or an instrument under subsection (2) or (2A) has not made a request under subsection (9) within the period applicable under subsection (9), the application lapses upon the