Victorian Current Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 - SECT 197

    (1)     This section applies if—

        (a)     an application for an infrastructure licence (the proposed infrastructure licence ) has been made under section 193 in relation to a place in a block; and

        (b)     the block—

              (i)     is the subject of a petroleum exploration permit, petroleum retention lease or petroleum production licence; or

              (ii)     is, or is proposed to be, transected by a pipeline in accordance with the provisions of a pipeline licence; or

              (iii)     includes the whole or a part of a place that is the subject of another infrastructure licence; or

              (iv)     is the subject of a petroleum special prospecting authority or petroleum access authority; and

        (c)     the applicant is not the registered holder of the petroleum exploration permit, petroleum retention lease, petroleum production licence, pipeline licence, other infrastructure licence, petroleum special prospecting authority or petroleum access authority; and

        (d)     if paragraph (b)(i), (ii) or (iii) applies—the registered holder of the petroleum exploration permit, petroleum retention lease, petroleum production licence, pipeline licence or other infrastructure licence has not given written consent to the grant of the proposed infrastructure licence; and

        (e)     if paragraph (b)(iv) applies—

              (i)     the registered holder of the petroleum special prospecting authority or petroleum access authority has not given written consent to the grant of the proposed infrastructure licence; or

              (ii)     the petroleum special prospecting authority or petroleum access authority will not expire before any construction or operation of infrastructure facilities under the proposed infrastructure licence would occur.

    (2)     Before the Minister gives the applicant an offer document under section 194, the Minister must—

        (a)     by written notice given to the registered holder of the petroleum exploration permit, petroleum retention lease, petroleum production licence, pipeline licence, other infrastructure licence, petroleum special prospecting authority or petroleum access authority, give at least 30 days notice of the Minister's proposal to give the applicant the offer document; and

        (b)     give a copy of the notice to such other persons (if any) as the Minister thinks fit.

    (3)     The notice must—

        (a)     set out details of the proposed infrastructure licence; and

        (b)     invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the Minister about the proposal; and

        (c)     specify a time limit for the making of that submission.

    (4)     In deciding—

        (a)     whether to give the applicant the offer document; and

        (b)     the conditions (if any) to which the proposed infrastructure licence should be subject—

the Minister must take into account any submissions made in accordance with the notice.