19Grant of application for variation

#### 19 Grant of application for variation 19 Grant of application for variation > > (1) If an application is made for a variation of a licence area by including additional lands and the Minister is satisfied that— > > > > > (a) the application was made in compliance with section 18 (or if there was a non-compliance, it was in respect of a requirement of section 18 (3), (4), (5) or (9) and was not material), and > > > > > (b) the lands, or the easements, specified in the application— > > > > > > > (i) are vested in the applicant, or > > > > > > > (ii) are available, in accordance with section 22, for compulsory acquisition, and > > > > > (c) the applicant has made provision, or given security in addition to any other security required by this Act, for the payment— > > > > > > > (i) of compensation and any interest payable in respect of any lands, or easements, that are available for compulsory acquisition, and > > > > > > > (ii) of all charges and expenses necessary for or incidental to the compulsory acquisition of those lands or easements, > > > > the Minister may— > > > > > (d) where the application is for a variation (not being a minor variation, as defined in section 18 (1)) of the licence area, or > > > > > (e) where the application is for a minor variation, after taking into account any written submissions made under section 18 (10) (c), > > > > grant the application in relation to the lands, including those the subject of easements, specified in the application, or such of those lands as he or she thinks fit. > > > (2) The Minister may refuse an application made under section 18 (4), but only if, before refusing the application, the Minister has— > > > > > (a) given the applicant at least one month’s written notice of the intention to refuse the application, and > > > > > (b) served a copy of the notice on such other persons, if any, as he or she thinks fit, and > > > > > (c) in the notice— > > > > > > > (i) given particulars of the reasons for the intended refusal, and > > > > > > > (ii) specified a period within which the applicant or a person on whom a copy of the notice is served may make written submissions to the Minister with respect to the application, and > > > > > (d) taken into account any written submissions made to the Minister within the specified period. > > > (3) If an application is made for a variation of the licence area by excluding lands, the Minister may, after taking into account any written submissions made under section 18 (10) (c), grant the application to such extent as he or she thinks fit. > > > (4) If a licence area is varied— > > > > > (a) by including additional lands, the additional lands are, for the purposes of this Act, taken to be lands specified in the licence in respect of that licence area, or > > > > > (b) by excluding lands, the excluded lands are, for the purposes of this Act, taken not to be lands specified in the licence in respect of that licence area. > > > (5) If an application under section 18 is refused, the whole, or such part as the Minister determines, of the fee referred to in section 18 (3) (d) is to be refunded to the applicant. > > > (6) An application for the variation of a licence area by including additional lands may be granted subject to such conditions as the Minister thinks fit and specifies in the instrument granting the application. > > > (7) Without limiting the generality of subsection (6), the conditions may include any of the kind referred to in section 15 (2). > > > (8) If an application is made for the variation of a licence area by both including additional lands and excluding lands, the provisions of section 18 that are applicable to an application for a variation— > > > > > (a) including additional lands, and the provisions of this section that are applicable to the granting of such an application, apply in respect of so much of the application and its granting as relates to the inclusion of additional lands, and > > > > > (b) excluding lands, and the provisions of this section that are applicable to the granting of such an application, apply in respect of so much of the application and its granting as relates to the exclusion of lands. > > **s 19:** Subst 1973 No 86, sec 3 (k). Am 1977 No 17, Sch 1. Subst 2006 No 35, Sch 1 \[62\].