OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 270 Consent to surrender title

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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 270

Consent to surrender title

Scope

(1) This section applies if an application is made under section 269 for a consent.

Decision

(2) The Joint Authority may, by written notice given to the applicant:

(a) give consent; or

(b) refuse to consent.

Criteria

(3) The Joint Authority may consent to the surrender sought by the application only if the registered holder of the permit, lease or licence:

(a) has paid all fees and amounts payable by the holder under the following:

(i) this Act;

(ii) the Royalty Act;

(iii) section 10E of the Regulatory Levies Act;

or has made arrangements that are satisfactory to the Titles Administrator for the payment of those fees and amounts; and

(b) has complied with the conditions to which the permit, lease or licence is subject and with the provisions of:

(i) this Chapter; and

(ii) Chapter 4; and

(iia) Chapter 5A; and

(iii) Chapter 6; and

(iv) Part 7.1; and

(v) the regulations; and

(i) to the satisfaction of NOPSEMA, removed or caused to be removed from the surrender area (defined by subsection (7)) all property brought into the surrender area by any person engaged or concerned in the operations authorised by the permit, lease or licence; or

(ii) made arrangements that are satisfactory to NOPSEMA in relation to that property; and

(d) has, to the satisfaction of NOPSEMA, plugged or closed off all wells made in the surrender area by any person engaged or concerned in the operations authorised by the permit, lease or licence; and

(e) has provided, to the satisfaction of NOPSEMA, for the conservation and protection of the natural resources in the surrender area; and

(f) has, to the satisfaction of NOPSEMA, made good any damage to the seabed or subsoil in the surrender area caused by any person engaged or concerned in the operations authorised by the permit, lease or licence;

but, if the registered holder has complied with those requirements, the Joint Authority must not unreasonably refuse consent to the surrender.

(4) Paragraph (3)(e) has effect subject to:

(a) this Chapter; and

(b) Chapter 6; and

Sufficient grounds

(5) Despite subsection (3), if:

(a) any of:

(i) the conditions to which the permit, lease or licence is subject; or

(ii) the provisions of this Chapter, Chapter 4, Chapter 5A, Chapter 6 and Part 7.1; or

(iii) the provisions of the regulations;

have not been complied with; and

(b) the Joint Authority is satisfied that there are sufficient grounds to warrant the giving of consent to the surrender sought by the application;

the Joint Authority may give consent under subsection (2) to the surrender sought by the application.

Work - bid petroleum exploration permit--compliance with work condition

(6) For the purposes of this section, if:

(a) the application for consent relates to a work - bid petroleum exploration permit; and

(b) a condition of the permit requires the registered holder to carry out specified work during a period specified in the permit; and

the registered holder of the permit is taken not to have complied with the condition unless the holder has completed the work specified for the period mentioned in paragraph (c).

Surrender area

(7) For the purposes of this section, the surrender area is worked out using the table:

Surrender area
Item
In the case of a surrender of...
the surrender area is...
1
a petroleum exploration permit or petroleum production licence
the area constituted by the blocks as to which the permit or licence is proposed to be surrendered.
2
a petroleum retention lease
the lease area.
3
an infrastructure licence
the licence area.
4
a pipeline licence
(a) in the case of the surrender of the licence as to the whole of the pipeline in relation to which the licence is in force--the part of the offshore area in which the pipeline is constructed; or
(b) in the case of the surrender of the licence as to a part of the pipeline in relation to which the licence is in force--the part of the offshore area in which the part of the pipeline is constructed.

Surrender area
1	a petroleum exploration permit or petroleum production licence	the area constituted by the blocks as to which the permit or licence is proposed to be surrendered.
2	a petroleum retention lease	the lease area.
3	an infrastructure licence	the licence area.
4	a pipeline licence	(a) in the case of the surrender of the licence as to the whole of the pipeline in relation to which the licence is in force--the part of the offshore area in which the pipeline is constructed; or (b) in the case of the surrender of the licence as to a part of the pipeline in relation to which the licence is in force--the part of the offshore area in which the part of the pipeline is constructed.

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Surrender area
Item	In the case of a surrender of...	the surrender area is...
1	a petroleum exploration permit or petroleum production licence	the area constituted by the blocks as to which the permit or licence is proposed to be surrendered.
2	a petroleum retention lease	the lease area.
3	an infrastructure licence	the licence area.
4	a pipeline licence	(a) in the case of the surrender of the licence as to the whole of the pipeline in relation to which the licence is in force--the part of the offshore area in which the pipeline is constructed; or (b) in the case of the surrender of the licence as to a part of the pipeline in relation to which the licence is in force--the part of the offshore area in which the part of the pipeline is constructed.