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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 - SECT 201

Consultation with petroleum titleholders—variation of infrastructure licence

    (1)     This section applies if—

        (a)     an infrastructure licence (the first infrastructure licence ) relates to a place in a block; and

        (b)     an application for variation of the first infrastructure licence is made under section 199; and

        (c)     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

        (d)     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

        (e)     if paragraph (c)(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 variation of the first infrastructure licence; and

        (f)     if paragraph (c)(iv) applies—

              (i)     the registered holder of the petroleum special prospecting authority or petroleum access authority has not given written consent to the variation of the first 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 first infrastructure licence, as proposed to be varied, would occur.

    (2)     Before varying the first infrastructure licence, 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 that the Minister is considering the application; 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 variation; 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 whether to vary the first infrastructure licence, the Minister must take into account any submissions made in accordance with the notice.



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