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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 - SECT 115

Revocation of declaration

    (1)     If—

        (a)     a petroleum exploration permit is in force over a block that constitutes, or the blocks that constitute, a location; and

        (b)     the permittee requests the Minister to revoke the declaration of the location

the Minister may, by writing, revoke the declaration of the location.

    (2)     A copy of a revocation under subsection (1) is to be published in the Government Gazette.

    (3)     If—

        (a)     a block or blocks constituting or forming part of a location was or were the subject of a petroleum exploration permit or a petroleum retention lease; and

        (b)     that block is, or those blocks are, no longer the subject of the permit or lease—

the Minister must, by notice published in the Government Gazette—

        (c)     in a case where that block constitutes, or those blocks constitute, that location—revoke the declaration of that location; or

        (d)     in a case where that block forms, or those blocks form, part of that location—revoke the declaration of that location to the extent to which the declaration relates to that block or those blocks.

    (4)     Subsection (3) does not apply in relation to a block if—

        (a)     a person has applied for the grant of a petroleum production licence over the block, and the Minister has not made a decision in relation to the application; or

        (b)     a petroleum production licence is in force in relation to the block.

    (5)     Subsection (3) does not apply in relation to a block if—

        (a)     a person has applied for the grant of a petroleum retention lease over the block, and the Minister has not made a decision in relation to the application; or

        (b)     a petroleum retention lease is in force in relation to the block.

    (6)     If a petroleum retention lease is granted in relation to a block or blocks forming part of a location, the Minister must, by notice published in the Government Gazette, revoke the declaration of the location to the extent to which the declaration relates to the block that is, or the blocks that are, not within the petroleum retention lease area.

    (7)     If—

        (a)     the Minister refuses to grant a petroleum retention lease in relation to 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 131(b)(ii) (which deals with commercial viability)—

the Minister must, by notice published in the Government Gazette, revoke the declaration of that location.

Note

If a petroleum exploration permit is in force over a block that constitutes a location, the permittee's application for a petroleum retention lease over the block is rejected as mentioned in subsection (7), and the permittee wants to apply for a petroleum production licence, then the permittee must re‑nominate the block for declaration as a location before the permittee applies for the petroleum production licence.

    (8)     If—

        (a)     an application for the grant of a petroleum production licence has been made under section 164 or 166; and

        (b)     the application specifies 2 or more blocks; and

        (c)     a petroleum production licence is granted in respect of—

              (i)     only one of the blocks; or

              (ii)     some, but not all, of the blocks; and

        (d)     the remaining block or blocks form part of a location

the Minister must, by notice published in the Government Gazette, revoke the declaration of the location to the extent to which the declaration relates to the remaining block or blocks.

Notes

1     Section 164 deals with applications by permittees.

2     Section 166 deals with applications by lessees.



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