Western Australian Current Acts Western Australian Current Acts (1) A permittee whose
permit is in force in respect of a block that constitutes, or the blocks that
constitute, a location may, within the application period, make an application
to the Minister for the grant of a licence —
(a)
where 9 or more blocks constitute the location concerned, in respect of 5 of
those blocks; or
(b)
where 8 or 7 blocks constitute the location concerned, in respect of 4 of
those blocks; or
(c)
where 6 or 5 blocks constitute the location concerned, in respect of 3 of
those blocks; or
(d)
where 4 or 3 blocks constitute the location concerned, in respect of 2 of
those blocks; or
(e)
where 2 blocks constitute the location concerned, in respect of one of those
blocks; or
(f)
where one block constitutes the location concerned, in respect of that block.
(2) A permittee whose
permit is in force in respect of blocks that constitute a location —
(a)
instead of making an application under subsection (1) in respect of his
primary entitlement, may, within the application period, make an application
to the Minister for the grant of a licence in respect of a number of those
blocks that is less than his primary entitlement; and
(b)
being the holder of a licence referred to in paragraph (a), may, from time to
time within that period, make an application to the Minister for the variation
of that licence to include in the licence area a number of those blocks that
does not exceed the number, if any, by which his primary entitlement exceeds
the number of blocks in respect of which that licence was granted and the
number of blocks, if any, included in that licence by reason of any previous
variations of that licence.
(3) Where —
(a) a
permittee makes an application under subsection (1) in respect of his primary
entitlement; or
(b) a
permittee who is the holder of a licence in respect of a number of blocks that
is less than his primary entitlement makes an application under subsection (2)
for a variation of that licence, and the number of blocks in respect of which
that licence was granted, together with the number of blocks included, and
sought to be included, in the licence area by reason of applications under
that subsection, is his primary entitlement,
the permittee may,
within the application period, make an application to the Minister for the
grant of a licence in respect of any of the other blocks forming part of the
location concerned.
(4) Subject to
subsection (5), the application period in respect of an application under this
section by a permittee is —
(a) the
period of 2 years after the date on which the block that constitutes the
location concerned was, or the blocks that constitute the location concerned
were, declared to be a location; or
(b) such
other period, not less than 2 years or more than 4 years after that date, as
the Minister, on application by the permittee, in writing, served on the
Minister before the expiration of the period of 2 years referred to in
paragraph (a), allows.
(5) Where —
(a) a
permittee applies for the grant by the Minister of a licence in respect of a
block or blocks in respect of which the permittee has applied for a lease
under section 38A; and
(b) an
instrument refusing to grant the lease is served on the permittee under
section 38B(2),
the application period
is whichever of the following periods last expires —
(c) the
period that is applicable under subsection (4);
(d) the
period of 12 months after the day of service of the instrument.
[Section 40 amended: No. 12 of 1990 s. 175; No. 28
of 1994 s. 91.]