Victorian Current Acts

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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 - SECT 176

Grant of cash‑bid petroleum production licence—2 or more applications

    (1)     This section applies if—

        (a)     the Minister publishes a notice under section 173(1) inviting applications for the grant of a petroleum production licence over a block; and

        (b)     at the end of the period specified in the notice, 2 or more applications have been made under section 173 in relation to the block.

    (2)     The Minister may reject any or all of the applications.

    (3)     If the Minister does not reject all of the applications, the table has effect—

Unrejected applications

Item

If...

the Minister may give a written notice (called an offer document) to...

1

only one application remains unrejected

the applicant.

2

(a)     2 or more applications remain unrejected; and

one of those applicants.








(b)     the amounts and rates of royalty specified in the applications under section 173(4) are equal


3

(a)     2 or more applications remain unrejected; and

(b)     the amounts and rates of royalty specified in the applications under section 173(4) are not equal; and

(c)     the amount specified in one of the applications is higher than the amount or amounts specified in the remaining application or applications

whichever of those applicants specified the highest amount.

4

(a)     3 or more applications remain unrejected; and

(b)     2 or more of the amounts and rates of royalty specified in the applications under section 173(4) are—

(i)     equal; and

(ii)     higher than the amount or amounts specified in the remaining application or applications

one of the applicants who specified the equal highest amount.

    (4)     An offer document given to an applicant must tell the applicant that the Minister is prepared to grant the applicant a petroleum production licence over the block.

Notes

1     Section 255 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).

2     If the applicant breaches a requirement under section 254 to provide further information, the Minister may refuse to give the applicant an offer document—see section 254(3).

    (5)     If—

        (a)     an applicant is given an offer document under this section; and

        (b)     the application lapses as provided by section 256 or 257; and

        (c)     there are one or more remaining unrejected applications—

subsections (3) and (4) of this section apply in relation to the remaining unrejected applications.

    (6)     If the Minister does not give an offer document to an applicant, the Minister must, by written notice given to the applicant, inform the applicant that the application was unsuccessful.



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