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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 - SECT 474

Consent to surrender title

    (1)     This section applies if an application is made under section 473 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—

        (a)     the registered holder of the permit, lease or licence 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)     the registered holder of the permit, lease or licence 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 5; and

              (iii)     Chapter 6; and

              (iv)     Part 8.1; and

              (v)     the regulations; and

        (c)     the registered holder of the permit, lease or licence has—

              (i)     to the satisfaction of the Minister, removed or caused to be removed from the surrender area (defined by section 477) 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)     the registered holder of the permit, lease or licence 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)     the registered holder of the permit, lease or licence has provided, to the satisfaction of the Minister, for the conservation and protection of the natural resources in the surrender area; and

        (f)     the registered holder of the permit, lease or licence 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; and

        (g)     in the case of an application for consent to surrender a greenhouse gas injection licence as to all of the blocks in relation to which the licence is in force—a site closing certificate is in force in relation to each identified greenhouse gas storage formation specified in the licence; and

        (h)     in the case of an application for consent to surrender a greenhouse gas injection licence as to some of the blocks in relation to which the licence is in force—a site closing certificate is in force in relation to each identified greenhouse gas storage formation that—

              (i)     is specified in the licence; and

              (ii)     extends to those blocks.

    (4)     If—

        (a)     the registered holder has complied with the requirements mentioned in subsection (3)(a) to (f); and

        (b)     in the case of an application for consent to surrender a greenhouse gas injection licence as to all of the blocks in relation to which the licence is in force—the requirement mentioned in subsection (3)(g) has been met; and

        (c)     in the case of an application for consent to surrender a greenhouse gas injection licence as to some of the blocks in relation to which the licence is in force—the requirement mentioned in subsection (3)(h) has been met—

the Minister must not unreasonably refuse consent to the surrender.

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

        (a)     this Chapter; and

        (b)     Chapter 6; and

        (c)     the regulations.

    (6)     In attaining a state of satisfaction for the purposes of subsection (3)(d), the Minister must have regard to the principle that plugging or closing off wells should be carried out in a way that minimises damage to the petroleum‑bearing qualities of geological formations.



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