Victorian Current Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 - SECT 266

    (1)     This section applies if an application is made under section 265 for a consent.

    (2)     The Minister may, by written notice given to the applicant—

        (a)     give consent; or

        (b)     refuse to consent.

    (3)     The Minister may consent to the surrender sought by the application only if the registered holder of the permit, lease or licence—

        (a)     has paid all fees and amounts payable by the holder under this Act or has made arrangements that are satisfactory to the Minister for the payment of those fees and amounts; and

        (b)     has complied with the conditions to which the permit, lease or licence is subject and with the provisions of—

              (i)     this Chapter; and

              (ii)     Chapter 4; and

              (iii)     Chapter 6; and

              (iv)     Part 7.1; and

              (v)     the regulations; and

        (c)     has—

              (i)     to the satisfaction of the Minister, removed or caused to be removed from the surrender area (defined by subsection (7)) all property brought into the surrender area by any person engaged or concerned in the operations authorised by the permit, lease or licence; or

              (ii)     made arrangements that are satisfactory to the Minister in relation to that property; and

        (d)     has, to the satisfaction of the Minister, plugged or closed off all wells made in the surrender area by any person engaged or concerned in the operations authorised by the permit, lease or licence; and

        (e)     has provided, to the satisfaction of the Minister, for the conservation and protection of the natural resources in the surrender area; and

        (f)     has, to the satisfaction of the Minister, made good any damage to the seabed or subsoil in the surrender area caused by any person engaged or concerned in the operations authorised by the permit, lease or licence—

but, if the registered holder has complied with those requirements, the Minister must not unreasonably refuse consent to the surrender.

    (4)     Subsection (3)(e) has effect subject to—

        (a)     this Chapter; and

        (b)     Chapter 6; and

        (c)     the regulations.

    (5)     Despite subsection (3), if—

        (a)     any of—

              (i)     the conditions to which the permit, lease or licence is subject; or

              (ii)     the provisions of this Chapter, Chapter 4, Chapter 6 and Part 7.1; or

              (iii)     the provisions of the regulations—

have not been complied with; and

        (b)     the Minister is satisfied that there are sufficient grounds to warrant the giving of consent to the surrender sought by the application—

the Minister may give consent under subsection (2) to the surrender sought by the application.

    (6)     For the purposes of this section, if—

        (a)     the application for consent relates to a work‑bid petroleum exploration permit; and

        (b)     a condition of the permit requires the registered holder to carry out specified work during a period specified in the permit; and

        (c)     the application is made during such a period—

the registered holder of the permit is taken not to have complied with the condition unless the holder has completed the work specified for the period mentioned in paragraph (b).

    (7)     For the purposes of this section, the surrender area is worked out using the table—

Surrender area
Item	In the case of a surrender of...	the surrender area is...
1	a petroleum exploration permit or petroleum production licence	the area constituted by the blocks as to which the permit or licence is proposed to be surrendered.
2	a petroleum retention lease	the lease area.
3	an infrastructure licence	the licence area.
4	a pipeline licence	(a)     in the case of the surrender of the licence as to the whole of the pipeline in relation to which the licence is in force—the part of the offshore area in which the pipeline is constructed; or (b)     in the case of the surrender of the licence as to a part of the pipeline in relation to which the licence is in force—the part of the offshore area in which the part of the pipeline is constructed.