(1) Where a permittee,
lessee, licensee, infrastructure licensee or pipeline licensee —
(a) has
not complied with a condition to which the permit, lease, licence,
infrastructure licence or pipeline licence is subject; or
(b) has
not complied with a direction given to him under this Part by the Minister; or
(c) has
not complied with a provision of this Part or of the regulations; or
(d) has
not paid any amount payable by him under this Act or the Registration Fees
Act, within a period of 3 months after the day on which the amount became
payable,
the Minister may, on
that ground, by instrument in writing served on the permittee, lessee,
licensee, infrastructure licensee or pipeline licensee, as the case may be
—
(e) in
the case of a permit or licence, cancel the permit or licence as to all or
some of the blocks in respect of which it is in force; or
(ea) in
the case of a lease, cancel the lease as to all of the blocks in respect of
which it is in force; or
(fa) in
the case of an infrastructure licence, cancel the infrastructure licence; or
(f) in
the case of a pipeline licence, cancel the pipeline licence as to the whole or
a part of the pipeline in respect of which it is in force.
(2) The Minister shall
not, under subsection (1), cancel a permit, licence or pipeline licence as to
all or some of the blocks, or as to the whole or a part of the pipeline in
respect of which it is in force, cancel an infrastructure licence, or cancel a
lease as to all of the block in respect of which it is in force, on a ground
referred to in that subsection unless —
(a) he
has, by instrument in writing served on the permittee, lessee, licensee,
infrastructure licensee or pipeline licensee, as the case may be, given not
less than one month’s notice of his intention so to cancel the permit,
lease, licence, infrastructure licence or pipeline licence on that ground; and
(b) he
has served a copy of the instrument on such other persons, if any, as he
thinks fit; and
(c) he
has, in the instrument, specified a date on or before which the permittee,
lessee, licensee, infrastructure licensee or pipeline licensee or a person on
whom a copy of the instrument is served may, by instrument in writing served
on the Minister, submit any matters that he wishes the Minister to consider;
and
(d) he
has taken into account —
(i)
any action taken by the permittee, lessee, licensee,
infrastructure licensee or pipeline licensee, as the case may be, to remove
that ground or to prevent the recurrence of similar grounds; and
(ii)
any matters so submitted to him on or before the
specified date by the permittee, lessee, licensee, infrastructure licensee or
pipeline licensee or by a person on whom a copy of the first-mentioned
instrument has been served.
[Section 105 amended: No. 12 of 1990 s. 222; No.
42 of 2010 s. 140.]