New South Wales Consolidated Acts

PETROLEUM (OFFSHORE) ACT 1982 - SECT 33

33 Grant or refusal of renewal of permit

(1) Where an application has been made for the renewal of a permit, the Minister:

(a) shall, if the conditions to which the permit is, or has from time to time been, subject and the provisions of this Part and of the regulations have been complied with, or

(b) may, if:

(i) any of the conditions to which the permit is, or has from time to time been, subject or any of the provisions of this Part and of the regulations has not been complied with, and

(ii) the Minister is, nevertheless, satisfied that special circumstances exist that justify the granting of the renewal of the permit,

by instrument in writing served on the person who is then the permittee, inform the person that the Minister is prepared to grant to the person the renewal of the permit.

(2) If any of the conditions to which the permit is, or has from time to time been, subject or any of the provisions of this Part and 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 permit, the Minister shall, subject to subsection (3), by instrument in writing served on the person who is then the permittee, refuse to grant the renewal of the permit.

(3) The Minister shall not refuse to grant the renewal of the permit unless:

(a) the Minister has, by instrument in writing served on the permittee, given not less than 1 month's notice of the Minister's intention to refuse to grant the renewal of the permit,

(b) the Minister has served a copy of the instrument on such other persons, if any, as the Minister thinks fit,

(c) the Minister has, in the instrument:

(i) given particulars of the reasons for the intention, and

(ii) specified a date on or before which the permittee 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 or she wishes the Minister to consider, and

(d) the Minister has taken into account any matters so submitted to the Minister on or before the specified date by the permittee or by a person on whom a copy of the firstmentioned instrument has been served.

(4) An instrument referred to in subsection (1) shall contain:

(a) a summary of the conditions to which the permit, on the grant of the renewal, is to be subject, and

(b) a statement to the effect that the application will lapse if the permittee does not make a request under subsection (5).

(5) A permittee on whom there has been served an instrument under subsection (1) may, within a period of 1 month after the date of service of the instrument on the permittee, by instrument in writing served on the Minister, request the Minister to grant to the permittee the renewal of the permit.

(6) Where a permittee on whom there has been served an instrument under subsection (1) has made a request under subsection (5) within the period referred to in subsection (5), the Minister shall grant to the permittee the renewal of the permit.

(7) Where a permittee on whom there has been served an instrument under subsection (1) has not made a request under subsection (5) within the period referred to in subsection (5), the application lapses upon the expiration of that period.

(8) Where:

(a) an application for the renewal of a permit has been made, and

(b) the permit expires:

(i) before the Minister grants, or refuses to grant, the renewal of the permit, or

(ii) before the application lapses as provided by subsection (7),

the permit shall be deemed to continue in force in all respects:

(c) until the Minister grants, or refuses to grant, the renewal of the permit, or

(d) until the application so lapses,

whichever first happens.