(1) If —
(a) a
licence is in force under section 53(1)(c) or (2) in respect of a block or
blocks; and
(b) no
operations for the recovery of petroleum are being carried on under the
licence in respect of an area (the unused area ) —
(i)
that consists of, or consists of part of, the block or
blocks; and
(ii)
in which petroleum has been found to exist,
the licensee may,
within the application period, apply to the Minister for the grant of a lease
in respect of the unused area.
(2) An application
under subsection (1) —
(a) is
to be made in an approved manner; and
(b) is
to be accompanied by particulars of —
(i)
the proposals of the applicant for work and expenditure
in respect of the unused area; and
(ii)
the commercial viability of the recovery of petroleum
from the unused area at the time of the application, and particulars of the
possible future commercial viability of the recovery of petroleum from that
area;
and
(c) may
set out any other matters that the applicant wishes to be considered; and
(d) is
to be accompanied by the prescribed fee.
(3) The Minister may,
at any time by written notice served on the applicant, require the applicant
to give, within the period stated in the notice, further written information
in connection with the application.
(4) The application
period in respect of an application under this section by a licensee is the
period of 5 years that began on —
(a) the
day on which the licence was granted; or
(b) if
any operations for the recovery of petroleum have been carried on under the
licence in respect of the unused area — the last day on which any such
operations were carried on.
[Section 38CA inserted: No. 42 of 2010 s. 93.]