Victorian Current Acts

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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 - SECT 273

Cancellation of title not affected by other provisions

    (1)     If—

        (a)     the registered holder of a petroleum exploration permit, petroleum retention lease, petroleum production licence, infrastructure licence or pipeline licence has not complied with a provision of—

              (i)     this Chapter; or

              (ii)     Chapter 4; or

              (iii)     Chapter 6; or

              (iv)     Part 7.1; or

              (v)     the regulations; and

        (b)     the holder has been convicted of an offence relating to that noncompliance—

the Minister may exercise a power of cancellation under section 271(1) on the ground of that noncompliance, even though the holder has been convicted of that offence.

    (2)     If—

        (a)     a person who was the registered holder of a petroleum exploration permit, petroleum retention lease, petroleum production licence, infrastructure licence or pipeline licence has not complied with a provision of—

              (i)     this Chapter; or

              (ii)     Chapter 4; or

              (iii)     Chapter 6; or

              (iv)     Part 7.1; or

              (v)     the regulations; and

        (b)     the Minister has exercised a power of cancellation under section 271(1) on the ground of that noncompliance—

the person may be convicted of an offence relating to the noncompliance, even though the Minister has exercised that power of cancellation.

    (3)     If—

        (a)     the registered holder of a petroleum exploration permit, petroleum retention lease, petroleum production licence, infrastructure licence or pipeline licence has not paid an amount payable by the holder under this Act within the period of 90 days after the day on which the amount became payable; and

        (b)     either—

              (i)     judgment for the amount has been obtained; or

              (ii)     the amount, or any part of the amount, has been paid or recovered—

the Minister may exercise a power of cancellation under section 271(1) on the ground of that non‑payment, even though—

        (c)     judgment for the amount has been obtained; or

        (d)     the amount, or a part of the amount, has been paid or recovered.

    (4)     If—

S. 273(4)(a) substituted by No. 55/2010 s. 80(3).

        (a)     a person who was the registered holder of a petroleum exploration permit, petroleum retention lease, petroleum production licence, infrastructure licence or pipeline licence has not paid an amount payable by the person under this Act within the period of 90 days after the day on which the amount became payable; and

        (b)     the Minister has exercised a power of cancellation under section 271(1) on the ground of that non‑payment—

the person continues to be liable to pay—

        (c)     that amount; and

        (d)     any late payment penalty relating to that amount—

even though the Minister has exercised that power of cancellation.

Division 2 —Cancellation of petroleum special prospecting authorities



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