Commonwealth Numbered Regulations

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PETROLEUM (SUBMERGED LANDS) (DATA MANAGEMENT) REGULATIONS 2004 2004 No. 111 - REG 28

Decision on application
(1)
As soon as practicable after a holder gives an application to the Designated Authority under regulation 27, the Designated Authority must:

(a)
accept the application; or

(b)
reject the application; or

(c)
notify the holder, in writing, that the Designated Authority is unable to make a decision without further consideration of the application.

(2)
If the Designated Authority is unable to make a decision to accept or reject the application:

(a)
the Designated Authority must include in the notification:

(i)
a proposed timetable for consideration of the application that gives the holder a reasonable opportunity to modify or resubmit the application; and
(ii)
a description of any further information the Designated Authority may require to assist it to consider the application; and
(b)
the Designated Authority must, as soon as practicable, decide to accept or reject the application.

(3)
The Designated Authority may accept the application subject to any conditions decided by the Designated Authority, including (but not limited to) conditions relating to:

(a)
the time within which the holder must give a DMP to the Designated Authority; and

(b)
the way in which the holder must give information or petroleum mining samples to the Designated Authority; and

(c)
the way in which the holder must keep information or petroleum mining samples to which a DMP would apply.

(4)
The Designated Authority must notify the holder, in writing, of the following matters as soon as practicable after making a decision to accept or reject the application:

(a)
the terms of the decision;

(b)
if the decision is the acceptance of the application subject to a condition — the condition;

(c)
if the decision is the rejection of the application:

(i)
the reasons for the decision; and
(ii)
for an activity that is to be carried out in the adjacent area of a Territory mentioned in section 7 of the Act — a statement or summary of the right, under section 152 of the Act, of reconsideration or review of the decision.


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