Western Australian Current Acts

PETROLEUM (SUBMERGED LANDS) ACT 1982 - SECT 36

36 .         Nomination of blocks as location

        (1)         Where a petroleum pool is identified in a permit area, the permittee may nominate the block in which the pool is situated, or the blocks (being blocks within the permit area) to which the pool extends, for declaration as a location.

        (2)         Where 2 or more petroleum pools are identified in a permit area, the permittee may, instead of making a nomination under subsection (1) in relation to each pool, nominate all of the blocks to which the pools extend, or to which any 2 or more of the pools extend, for declaration as a single location.

        (3)         A nomination may not be made under subsection (2) unless, in the case of each of the pools to which the nomination relates, at least one of the blocks to which the pool extends immediately adjoins a block to which the other, or another, of those pools extends.

        (4)         A nomination by a permittee shall be in writing and served on the Minister.

        (5)         A nomination may not be made by a permittee unless the permittee or another person has, whether within or outside the permit area, recovered petroleum from the petroleum pool to which the nomination relates or, if the nomination relates to more than one pool, from each of those pools.

        (6)         Where —

            (a)         the Minister is of the opinion that a permittee is entitled to nominate a block or blocks under subsection (1) or (2); and

            (b)         the permittee has not done so,

                the Minister may require the permittee to exercise the permittee’s right to nominate the block or blocks within 3 months after the date of the making of the requirement.

        (7)         A requirement by the Minister under subsection (6) shall be by written notice served on the permittee.

        (8)         On written request by a permittee within the period fixed by subsection (6), the Minister may extend the time for compliance with a requirement under that subsection by not more than 3 months.

        (9)         If a permittee fails to comply with a requirement under subsection (6), the Minister may, by written notice served on the permittee, nominate the block or blocks for declaration as a location.

        [Section 36 inserted: No. 12 of 1990 s. 172.]