(1) An applicant on
whom there has been served a notice under section 43(2A) may, within a period
of 3 months after the date of service of the notice on him, or within such
further period, not exceeding 3 months, as the Minister, on application in
writing served on him before the expiration of the first-mentioned period of 3
months, allows, by instrument in writing served on the Minister, request the
Minister to grant to him the licence referred to in the notice.
(2) Where an applicant
on whom there has been served a notice under section 43(2A) has made a request
under subsection (1) within the period applicable under subsection (1), the
Minister shall grant to the applicant a production licence for petroleum in
respect of the block or blocks as to which the Minister is satisfied as
mentioned in section 43(2A)(b).
(3) A secondary
licence shall not be granted to a permittee or lessee in respect of any one or
more of the blocks that constitute a location unless —
(a) a
primary licence has been granted in respect of a block or blocks forming part
of that location; and
(b) the
number of blocks in respect of which the primary licence was granted, together
with the number of blocks included in that licence by reason of variations of
the licence under section 45, is the permittee’s or lessee’s
primary entitlement.
(4) Where an applicant
on whom there has been served a notice under section 43(2A) has not made a
request under subsection (1) within the period applicable under subsection
(1), the application lapses upon the expiration of that period.
(5) On the day on
which a licence granted under this section comes into force, the permit or
lease in respect of the blocks in respect of which the licence was granted
ceases to be in force in respect of those blocks.
[Section 44 amended: No. 12 of 1990 s. 179; No. 28
of 1994 s. 93; No. 42 of 2010 s. 99.]