Div 3Production licences for petroleum

Division 3—Production licences for petroleum 38—Recovery of petroleum in adjacent area A person shall not carry on operations for the recovery of petroleum in the adjacent area except— (a) under and in accordance with a licence; or (b) as otherwise permitted by this Part. Maximum penalty: $50 000 or imprisonment for five years, or both. 39—Application by permittee for licence (1) A permittee whose permit is in force in respect of a block that constitutes, or the blocks that constitute, a location may, within the application period, make an application to the Minister for the grant of a licence— (a) where nine or more blocks constitute the location concerned—in respect of five of those blocks; or (b) where eight or seven blocks constitute the location concerned—in respect of four of those blocks; or (c) where six or five blocks constitute the location concerned—in respect of three of those blocks; or (d) where four or three blocks constitute the location concerned—in respect of two of those blocks; or (e) where two blocks constitute the location concerned—in respect of one of those blocks; or (f) where one block constitutes the location concerned—in respect of that block. (2) A permittee whose permit is in force in respect of blocks that constitute a location— (a) instead of making an application under subsection (1) in respect of his primary entitlement, may, within the application period, make an application to the Minister for the grant of a licence in respect of a number of those blocks that is less than his primary entitlement; and (b) being the holder of a licence referred to in paragraph (a), may, from time to time within that period, make an application to the Minister for the variation of that licence to include in the licence area a number of those blocks that does not exceed the number, if any, by which his primary entitlement exceeds the number of blocks in respect of which that licence was granted and the number of blocks, if any, included in that licence by reason of any previous variations of that licence. (a) a permittee makes an application under subsection (1) in respect of his primary entitlement; or (b) a permittee who is the holder of a licence in respect of a number of blocks that is less than his primary entitlement makes an application under subsection (2) for a variation of that licence, and the number of blocks in respect of which that licence was granted, together with the number of blocks included, and sought to be included, in the licence area by reason of applications under that subsection, is his primary entitlement, the permittee may, within the application period, make an application to the Minister for the grant of a licence in respect of any of the other blocks forming part of the location concerned. (4) Subject to subsection (5), the application period in respect of an application under this section by a permittee is— (a) the period of two years after the date on which the block that constitutes the location concerned was, or the blocks that constitute the location concerned were, declared to be a location; or (b) such other period, not less than two years or more than four years after that date, as the Minister, on application by the permittee, in writing, served on the Minister before the expiration of the period of two years referred to in paragraph (a), allows. (a) a permittee applies for the grant by the Minister of a licence in respect of a block or blocks in respect of which the permittee has applied for a lease under section 37A; and (b) an instrument refusing to grant the lease is served on the permittee pursuant to section 37B(2), the application period is whichever of the following periods last expires: (c) the period that is applicable under subsection (4); (d) the period of 12 months after the day of service of the instrument. 39A—Application for licence by lessee (1) A lessee whose lease is in force may make an application to the Minister for the grant of a licence— (a) where the lease is in respect of 9 or more blocks—in respect of 5 of those blocks; or (b) where the lease is in respect of 8 or 7 blocks—in respect of 4 of those blocks; or (c) where the lease is in respect of 6 or 5 blocks—in respect of 3 of those blocks; or (d) where the lease is in respect of 4 or 3 blocks—in respect of 2 of those blocks; or (e) where the lease is in respect of 2 blocks—in respect of one of those blocks; or (f) where the lease is in respect of one block—in respect of that block. (2) At any time while a lease is in force, the lessee may, instead of making an application under subsection (1) in respect of the lessee's primary entitlement, make an application to the Minister for the grant of a licence in respect of a number of blocks that is less than the lessee's primary entitlement. (3) Where an application has been made under subsection (1) in respect of the lessee's primary entitlement, the lessee may, at any time while the lease concerned is in force, make an application to the Minister for the grant of a licence in respect of any of the other blocks forming part of the lease. 40—Application for licence (1) An application under section 39 or 39A— (c) shall be accompanied by particulars of the proposals of the applicant for work and expenditure in respect of the area comprised in the blocks specified in the application; and (d) may set out any other matters that the applicant wishes the Minister to consider; and (e) shall in the case of an application for the grant of a licence be accompanied by the prescribed fee. (2) The Minister may, at any time, by instrument in writing served on the applicant, require him to furnish, within the period specified in the instrument, further information in writing in connection with his application. 41—Determination of rate of royalty (1) Where an application for a primary licence has been made and, before or after the grant of the primary licence, the applicant makes an application for a secondary licence, the Minister shall determine a rate at which royalty is to be payable in respect of petroleum recovered, whether under the primary licence or under the secondary licence, being a rate that is not less than 11 per centum or more than 12½ per centum of the value at the well-head of that petroleum. (2) The Minister shall not, under subsection (1), determine the rate at which royalty is to be payable unless he has given to the applicant an opportunity to confer with him concerning that rate. 42—Notification as to grant of licence (1) Where an application for the grant of a licence has been made under section 39 or 39A and the applicant has furnished any further information as and when required by the Minister under section 40(2), the Minister, by instrument in writing served on the applicant, must inform the applicant that the Minister is prepared to grant to the applicant a licence in respect of the blocks specified in the application. (2) An instrument under subsection (1) shall— (a) contain a summary of the conditions subject to which the licence is to be granted; and (b) if the instrument relates to an application for a secondary licence—specify the rate of royalty determined by the Minister in pursuance of section 41(1); and (c) contain a statement to the effect that the application will lapse if the applicant does not make a request under section 43(1) in respect of the grant of the licence. 43—Grant of licence (1) An applicant on whom there has been served an instrument under section 42(1) may, within a period of three months after the date of service of the instrument on him, or within such further period, not exceeding three months, as the Minister, on application in writing served on him before the expiration of the firstmentioned period of three months, allows, by instrument in writing served on the Minister, request the Minister to grant to the applicant the licence referred to in the firstmentioned instrument. (2) Where an applicant on whom there has been served an instrument under section 42(1) has made a request under subsection (1) within the period applicable under subsection (1), the Minister must grant to the applicant a production licence for petroleum in respect of the blocks specified in the application. (3) A secondary licence shall not be granted to a permittee or lessee in respect of any one or more of the blocks that constitute a location unless— (a) a primary licence has been granted in respect of a block or blocks forming part of that location; and (b) the number of blocks in respect of which the primary licence was granted, together with the number of blocks included in that licence by reason of variations of the licence under section 44, is the permittee's or lessee's primary entitlement. (4) Where an applicant on whom there has been served an instrument under section 42(1) has not made a request under subsection (1) within the period applicable under subsection (1), the application lapses upon the expiration of that period. (5) On the day on which a licence granted under this section comes into force, the permit or lease in respect of the blocks in respect of which the licence was granted ceases to be in force in respect of those blocks. 43A—Application of sections 40 to 43 where permit etc transferred (a) after an application has been made— (i) under section 39 for the grant of a licence in respect of a block in respect of which a permit is in force; or (ii) under section 39A for the grant of a licence in respect of a block in respect of which a lease is in force; and (b) before a decision has been made by the Minister under section 42(1) in relation to the application, a transfer of the permit or lease (as the case may be) is registered under section 77, then, after the time of the transfer, sections 40 to 43 (inclusive) have effect in relation to the application as if a reference in those sections to the applicant were a reference to the transferee. 44—Variation of licence area (1) Where an application is made under section 39(2) for a variation of a licence, the Minister shall, by instrument in writing served on the licensee, vary the licence to include in the licence area the blocks specified in the application. (2) On and from the day on and from which a variation of a licence under this section has effect— (a) the blocks included in the licence area by reason of the variation are, subject to this Part, for the remainder of the term of the licence, blocks in respect of which the licence is in force; and (b) the permit that is in force in respect of the blocks so included ceases to be in force in respect of those blocks. 45—Determination of permit or lease as to block not taken up (1) Subject to subsection (2), where— (a) a permittee who may make an application under section 39 in respect of a block does not, within the application period, make the application; or (b) all applications made by a permittee under that section in respect of a block have lapsed, the permit is determined as to that block and the determination has effect— (c) in a case referred to in paragraph (a)—upon the expiration of the application period; and (d) in a case referred to in paragraph (b)— (i) upon the expiration of the application period; or (ii) upon the lapsing of the last of the applications referred to in that paragraph, whichever is the later. (1a) Subject to subsection (2), where all applications made by a lessee under section 39A in respect of a block have lapsed, the lease is determined as to that block and the determination has effect upon the lapsing of the last of those applications. (2) Where a permittee or lessee makes an application for a secondary licence— (a) the permit or lease is determined as to any blocks forming part of the location concerned that are not the subject of that application or of any application for a primary licence or for the variation of such a licence; and (b) the determination has effect upon the making of the application. (3) Subject to subsection (4), where a block or blocks constituting or forming part of a location is or are no longer the subject of a permit or lease, the Minister shall, by instrument published in the Gazette— (a) in a case where that block or those blocks constitutes or constitute that location—revoke the declaration made under section 36 in respect of that location; or (b) in a case where that block or those blocks form part of that location—revoke the declaration made under section 36 in respect of that location to the extent that it relates to that block or those blocks. (4) Subsection (3) does not apply in relation to a block— (a) in respect of which an application for the grant of a lease or licence has been made, being an application that has not lapsed and in relation to which a decision has not been made by the Minister; or (b) in respect of which a lease or licence is in force. (5) Where a lease is granted in respect of a block or blocks forming part of a location, the Minister shall, by instrument published in the Gazette, revoke the declaration made under section 36 to the extent that it relates to the block or blocks that is or are not within the lease area. (a) the Minister refuses to grant a lease in respect of a block or blocks constituting or forming part of a location; and (b) the reason, or one of the reasons, for the refusal is that the Minister is not satisfied as to the matter referred to in section 37B(1)(c)(ii), the Minister shall, by instrument published in the Gazette, revoke the declaration made under section 36 in respect of that location. 46—Application for licence in respect of surrendered etc blocks (a) a licence is surrendered or cancelled as to a block; or (b) a permit or lease is surrendered, cancelled or determined as to a block— (i) that, at the time of the surrender, cancellation or determination, was, or was included in, a location; and (ii) in which, in the opinion of the Minister, there is petroleum, the Minister may, at any subsequent time, by instrument published in the Gazette— (c) invite applications for the grant of a licence in respect of that block; and (d) specify a period within which applications may be made. (2) The Minister shall, in an instrument under subsection (1), state— (a) that an applicant is required to specify an amount that he would be prepared to pay in respect of the grant of a licence to him on his application; or (b) that an applicant is required to specify a rate of royalty that he would be prepared to pay, if a licence were granted to him on his application, in respect of petroleum recovered under the licence, being a rate that exceeds 10 per centum of the value at the well-head of that petroleum. (3) Where the Minister, in an instrument under subsection (1), states that an applicant is required to specify a rate of royalty as mentioned in paragraph (b) of subsection (2), the Minister may, in that instrument, state that an applicant on whose application he is prepared to grant a licence will also be required to pay to him, in respect of the grant of the licence to the applicant, the amount specified in that behalf in that instrument. (6) An application under this section— (c) shall be accompanied by the particulars referred to in section 40(1)(c); and (d) shall specify, in accordance with the requirement in the instrument by which applications were invited, the amount or the rate of royalty that the applicant would be prepared to pay; and (f) may set out any other matters that the applicant wishes the Minister to consider. (7) The Minister may, at any time, by instrument in writing served on the applicant, require him to furnish, within the period specified in the instrument, further information in connection with his application. 47—Application fee etc (1) An application under section 46 shall be accompanied by— (a) the prescribed fee; and (b) a deposit— (i) if the applicant has specified an amount that he would be prepared to pay in respect of the grant of a licence to him on the application—of 10 per centum of that amount; or (ii) if the Minister has, in the instrument by which applications were invited, stated an amount that the applicant will be required to pay in respect of the grant of a licence—of 10 per centum of that amount. (2) Where a licence is not granted on the application, the amount of the deposit must, subject to subsection (3), be refunded to the applicant. (3) Where an applicant on whom there has been served an instrument under section 48(1) does not request the Minister, under section 48(6), to grant to him the licence referred to in the instrument, the deposit shall not, unless the Minister otherwise determines, be refunded to the applicant. 48—Request by applicant for grant of licence (1) Where, at the expiration of the period specified in an instrument under section 46(1), only one application has been made under that subsection in respect of the block specified in the instrument, the Minister may reject the application or may, by instrument in writing served on the applicant, inform him that he is prepared to grant him a licence in respect of that block. (2) Where, at the expiration of the period specified in an instrument under section 46(1), two or more applications have been made under that subsection in respect of the block specified in the instrument, the Minister may reject any or all of the applications and, if he does not reject all of the applications, may— (a) if only one application remains unrejected—by instrument in writing served on the applicant; or (b) if two or more applications remain unrejected—by instrument in writing served on the applicant, or on one of the applicants, whose application has not been rejected and who has specified in his application an amount, or a rate of royalty, that he would be prepared to pay that is not less than the amount, or the rate of royalty, specified in the application of any other applicant whose application has not been rejected, inform the applicant— (c) that the Minister is prepared to grant to the applicant a licence in respect of that block; and (d) that the applicant will be required to pay— (i) the amount specified in the application; or (ii) royalty at the rate specified in the application; or (iii) royalty at the rate specified in the application and the amount specified in the instrument under section 46(1), as the case may be. (5) An instrument under any of the preceding provisions of this section shall contain— (a) a summary of the conditions subject to which the licence is to be granted; and (b) a statement of the balance of the amount, if any, that the applicant will be required to pay in respect of the grant of the licence to him; and (c) a statement to the effect that the application will lapse— (i) if the applicant does not make a request under subsection (6); or (ii) in a case where the instrument contains a statement referred to in paragraph (b)—if the applicant does not pay the balance of the amount referred to in that statement or enter into an agreement under section 108 in respect of that balance. (6) An applicant on whom there has been served an instrument under any of the preceding provisions of this section may, within a period of three months after the date of service of the instrument on him, or within such further period, not exceeding three months, as the Minister, on application in writing served on him before the expiration of the firstmentioned period of three months, allows— (a) by instrument in writing served on the Minister, request the Minister to grant to him the licence; and (b) if the firstmentioned instrument contains a statement of the balance of an amount that the applicant will be required to pay in respect of the grant of the licence to him—pay that balance or enter into an agreement under section 108 in respect of that balance. (7) Where an applicant on whom there has been served an instrument under subsection (1) or (2)— (a) has not made a request under subsection (6); or (b) if the instrument contains a statement of the balance of an amount that the applicant will be required to pay in respect of the grant of a licence to him—has not paid that balance or entered into an agreement under section 108 in respect of that balance, within the period applicable under subsection (6), the application lapses upon the expiration of that period. (8) Where the application of an applicant on whom there has been served an instrument under subsection (2) lapses as provided by subsection (7), subsection (2) applies in respect of the application or applications, if any, then remaining unrejected. 49—Grant of licence on request Where an applicant on whom there has been served an instrument under section 48— (a) has made a request under section 48(6); and (b) if the instrument contains a statement of the balance of an amount that the applicant will be required to pay in respect of the grant of a licence to him—has paid that balance or entered into an agreement under section 108 in respect of that balance, within the period applicable under section 48(6), the Minister shall grant to him a production licence for petroleum in respect of the block specified in the instrument. 50—Grant of licences in respect of individual blocks (1) Where a licence (in this section called the original licence) is in force in respect of two or more blocks (not being blocks that form, or form part of, a location), the licensee may make an application to the Minister for the grant to him of two or more licences in respect of the blocks the subject of the original licence in exchange for the original licence. (2) An application under subsection (1)— (c) shall specify the number of licences required; and (d) shall specify the block or blocks the subject of the original licence in respect of which each licence is sought; and (4) Where a licensee has made an application under this section, the Minister must grant to the licensee production licences for petroleum in accordance with the application. (5) A licence granted on an application under this section— (a) remains in force, subject to this Part, but notwithstanding section 52, for the remainder of the term of the original licence; and (b) shall be granted subject to conditions corresponding as nearly as may be to the conditions to which the original licence was subject. (6) Where licences are granted on an application under this section— (a) the original licence is, by force of this subsection, determined; and (b) the determination has effect on and from the day on which those licences come into force. 51—Rights conferred by licence A licence, while it remains in force, authorises the licensee, subject to this Act and in accordance with the conditions to which the licence is subject— (a) to recover petroleum in the licence area and to recover petroleum from the licence area in another area to which he has lawful access for that purpose; and (b) to explore for petroleum in the licence area; and (c) to carry on such operations and execute such works in the licence area as are necessary for those purposes. 52—Term of licence Subject to this Part, a licence remains in force— (a) in the case of a licence granted otherwise than by way of renewal of a licence—for the period of 21 years commencing on the day on which the licence is granted or, if a later day is specified in the licence as being the day on which the licence is to come into force, on that later day; and (b) in the case of a licence granted by way of the first renewal of a licence—for the period of 21 years commencing on the day on which the licence is granted or, if a later day is specified in the licence as being the day on which the licence is to come into force, on that later day; and (c) in the case of a licence granted by way of the renewal, other than the first renewal, of a licence—for such period, commencing on the day on which the licence is granted (or, if a later day is specified in the licence as being the day on which the licence is to come into force, on that later day), as the Minister determines and specifies in the licence, being a period not exceeding 21 years. 53—Application for renewal of licence (1) A licensee may, from time to time, make an application to the Minister for the renewal of the licence. (2) An application for the renewal of the licence— (b) subject to subsection (3), shall be made in an approved manner not less than six months before the day on which the licence ceases to be in force; and (c) shall be accompanied by particulars of the proposals of the licensee for work and expenditure in respect of the licence area; and (d) shall be accompanied by the prescribed fee. (3) The Minister may, for reasons that he thinks sufficient, receive an application for the renewal of the licence less than six months before, but not in any case after, the day on which the licence ceases to be in force. 54—Grant or refusal of renewal of licence (a) an application for the renewal of a licence has been made under section 53; and (b) the conditions to which the licence is, or has from time to time been, subject and the provisions of this Part and of the regulations have been complied with, the Minister— (c) must, if the application is in respect of the first renewal of the licence; or (d) may, if the application is in respect of a renewal other than the first renewal of the licence, by instrument in writing served on the person who is then the licensee, inform the person that the Minister is prepared to grant to the person the renewal of the licence. (a) an application for the renewal of a licence has been made under section 53; and (b) 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 of the regulations has not been complied with, but the Minister is, nevertheless, satisfied that special circumstances exist that justify the granting of the renewal of the licence, the Minister may, by instrument in writing served on the person who is then the licensee, inform the person that the Minister is prepared to grant to the person the renewal of the licence. (3) If 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 of the regulations has not been complied with, and if the Minister is not satisfied that special circumstances exist that justify the granting of the renewal of the licence, the Minister must, subject to subsection (4), by instrument in writing served on the person who is then the licensee, refuse to grant the renewal of the licence. (4) The Minister shall not, under subsection (3), refuse to grant the renewal of a licence unless— (a) he has, by instrument in writing served on the licensee, given not less one month's notice of his intention to refuse to grant the renewal of the licence; and (ii) specified a date on or before which the licensee 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 he wishes the Minister to consider; and (d) he has taken into account any matters so submitted to him on or before the specified date by the licensee or by a person on whom a copy of the firstmentioned instrument has been served. (5) Where an application has been made under section 53 in respect of a renewal other than the first renewal of the licence, the Minister may, by instrument in writing served on the person who is then the licensee, refuse to grant the renewal of the licence. (7) An instrument under subsection (1) or (2) shall contain— (a) a summary of the conditions to which the licence, on the grant of the renewal, is to be subject; and (b) a statement to the effect that the application will lapse if the applicant does not make a request under subsection (8). (8) A licensee on whom there has been served an instrument under subsection (1) or (2) may, within a period of one month after the date of service of the instrument on the licensee, by instrument in writing served on the Minister, request the Minister to grant to the licensee the renewal of the licence. (9) Where a licensee on whom there has been served an instrument under subsection (1) or (2) has made a request under subsection (8) within the period referred to in subsection (8), the Minister must grant to the licensee the renewal of the licence. (10) Where a licensee on whom there has been served an instrument under subsection (1) or (2) has not made a request under subsection (8) within the period referred to in subsection (8), the application lapses upon the expiration of that period. (11) Where— (a) an application for the renewal of a licence is made under section 53; and (b) the licence expires— (i) before the Minister grants, or refuses to grant, the renewal of the licence; or (ii) before the application lapses as provided by subsection (10), the licence shall be deemed to continue in force in all respects— (c) until the Minister grants, or refuses to grant, the renewal of the licence; or 55—Conditions of licence A licence may be granted subject to such conditions as the Minister thinks fit and specifies in the licence. 57—Directions as to recovery of petroleum (1) Where petroleum is not being recovered in a licence area and the Minister is satisfied that there is recoverable petroleum in that area, he may, by instrument in writing served on the licensee, direct the licensee to take all necessary and practicable steps to recover that petroleum. (2) Where the Minister is not satisfied with the steps taken or being taken by a licensee to whom a direction has been given under subsection (1), the Minister may, by instrument in writing served on the licensee, give to the licensee such directions as the Minister thinks necessary for or in relation to the recovery of petroleum in the licence area. (3) Where petroleum is being recovered in a licence area, the Minister may, for reasons that the Minister thinks sufficient, by instrument in writing served on the licensee, direct the licensee to take all necessary and practicable steps to increase or reduce the rate at which petroleum is being recovered in the licence area or from a petroleum pool in the licence area to such rate as the Minister specifies in the instrument. (4) Where the Minister is not satisfied with the steps taken or being taken by a licensee to whom a direction has been given under subsection (3), the Minister may, by instrument in writing served on the licensee, give to the licensee such directions as the Minister thinks necessary for or in relation to the increase or reduction of the rate at which petroleum is being recovered in the licence area or from a petroleum pool in the licence area. (5) Without limiting the matters that may be taken into account by the Minister in determining whether to give a direction under subsection (3) or (4), the Minister may take into account matters relating to the effects on South Australian revenue of the proposed direction, but the Minister shall not give a direction under subsection (3) or (4) if the direction would require action to be taken that is contrary to good oil-field practice. 58—Unit development (1) In this section, the expression unit development— (a) applies in relation to a petroleum pool that is partly in a particular licence area of a licensee and partly in a licence area of another licensee or in an area that is not within the adjacent area but in which a person other than the firstmentioned licensee is lawfully entitled to carry on operations for the recovery of petroleum from the pool; and (b) means the carrying on of operations for the recovery of petroleum from that pool under co-operative arrangements between the persons entitled to carry on such operations in each of those areas. (2) A licensee may from time to time enter into an agreement in writing for or in relation to the unit development of a petroleum pool, but nothing in this subsection derogates from the operation of section 80(2). (3) The Minister of his own motion or on application made to him in writing by— (a) a licensee in whose licence area there is part of a particular petroleum pool; or (b) a person who is lawfully entitled to carry on operations for the recovery of petroleum in an area outside the adjacent area that includes part of a particular petroleum pool that extends into the adjacent area, may, for the purpose of securing the more effective recovery of petroleum from the petroleum pool, direct any licensee whose licence area includes part of the petroleum pool, by instrument in writing served on the licensee to enter into an agreement in writing, within the period specified in the instrument, for or in relation to the unit development of the petroleum pool and to lodge an application in accordance with section 80 for approval of any dealing to which the agreement relates. (a) a licensee who is directed, under subsection (3), to enter into an agreement for or in relation to the unit development of a petroleum pool does not enter into such an agreement within the specified period; or (b) the licensee enters into such an agreement but an application for approval of a dealing to which the agreement relates is not lodged with the Minister or, if an application is so lodged, the dealing is not approved under section 80, the Minister may, by instrument in writing served on the licensee, direct the licensee to submit to him, within the period specified in the instrument, a scheme for or in relation to the unit development of the petroleum pool. (5) At any time after the expiration of the period within which a scheme for or in relation to the unit development of a petroleum pool is to be submitted by a licensee under subsection (4), the Minister may, by instrument in writing served on the licensee, give to the licensee such directions as the Minister thinks necessary for the purpose of securing the more effective recovery of petroleum from the petroleum pool. (6) Where a person is the licensee in respect of two or more licence areas in each of which there is part of a particular petroleum pool, the Minister may, by instrument in writing served on the licensee, give to the licensee such directions as the Minister thinks necessary for the purpose of securing the more effective recovery of petroleum from the petroleum pool. (7) Where an agreement under this section is in force or the Minister has given directions under subsection (5) or (6), the Minister may, having regard to additional information that has become available, by instrument in writing served on the licensee or licensees concerned, give to the licensee or licensees such directions, or further directions, as the case may be, as he thinks necessary for the purpose of securing the more effective recovery of petroleum from the petroleum pool. (8) The Minister shall not give a direction under subsection (6) or (7) unless he has given to the licensee or licensees concerned an opportunity to confer with him concerning the proposed direction. (9) Directions under subsection (5), (6) or (7) may include directions as to the rate at which petroleum is to be recovered. (10) In this section— dealing means a dealing to which section 80 applies. (11) The Minister shall— (a) if a petroleum pool extends, or is reasonably believed by him to extend, from the adjacent area into lands to which the laws of another State relating to the exploitation of petroleum resources apply, consult with the appropriate authority of that State concerning the exploitation of the petroleum pool; or (b) if a petroleum pool extends, or is reasonably believed by him to extend, from the adjacent area into the adjacent area in respect of a State other than South Australia, consult with the Designated Authority under the Commonwealth Act in respect of that State concerning the exploitation of the petroleum pool; or (c) if both paragraph (a) and paragraph (b) apply, comply with both of those paragraphs. (12) Where subsection (11) applies in relation to a petroleum pool, the Minister shall not approve an agreement under this section, or give a direction under this section, in relation to that petroleum pool except with the approval of— (a) where paragraph (a) of that subsection applies—the appropriate authority of the State concerned; or (b) where paragraph (b) of that subsection applies—the Joint Authority within the meaning of the Commonwealth Act in relation to the adjacent area concerned; or (c) where paragraph (c) of that subsection applies—each authority referred to in paragraphs (a) and (b) of this subsection. (13) For the purposes of subsection (11)(b), the adjacent area in respect of a State is— (a) if the Petroleum (Submerged Lands) Act 1967 of the Commonwealth is in force—the adjacent area in respect of a State within the meaning of that Act; or (b) if the Petroleum (Submerged Lands) Act 1967 of the Commonwealth has been repealed and been re‑enacted (with or without modifications)—the area that, under the re‑enacted Act of the Commonwealth, corresponds to the adjacent area in respect of a State within the meaning of the repealed Act.