Western Australian Current Acts Western Australian Current Acts (1) An infrastructure
licensee may, at any time, make an application to the Minister for the
variation of the infrastructure licence.
(2) An application
under this section —
(a)
shall be made in the approved manner; and
(b)
shall be accompanied by particulars of the proposed variation; and
(c)
shall set out the reasons for the proposed variation; and
(d)
shall 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) If the
infrastructure licence was granted in respect of a place in a block that
—
(a) is
the subject of a permit, lease, licence, infrastructure licence, special
prospecting authority or access authority; or
(b) is,
or is proposed to be, transected by a pipeline in accordance with the
provisions of a pipeline licence,
of which the
registered holder is a person other than the applicant, the Minister shall not
vary the infrastructure licence pursuant to the application unless the
Minister —
(c) has,
by written notice served on the registered holder, given not less than one
month’s notice that the Minister is considering the application; and
(d) has
served a copy of the notice on such other persons (if any) as the Minister
thinks fit; and
(e) has,
in the notice —
(i)
given particulars of the proposed variation; and
(ii)
specified a date on or before which a person on whom the
notice or a copy of the notice, is served may, by writing served on the
Minister, submit any matters that the person wishes the Minister to consider.
(5) Subsection (4)
does not apply —
(a) in
respect of the registered holder of a permit, lease, licence, infrastructure
licence or pipeline licence if the registered holder has consented in writing
to the variation of the infrastructure licence; or
(b) in
respect of the registered holder of a special prospecting authority or an
access authority if —
(i)
the registered holder has consented in writing to the
variation of the infrastructure licence; or
(ii)
the special prospecting authority or access authority
will expire before any construction or operation of facilities under the
infrastructure licence as proposed to be varied would occur.
(6) After considering
any matters submitted to the Minister under subsection (4) on or before the
date specified in the notice served under that subsection by a person to whom
the notice, or a copy of the notice, has been served, the Minister may —
(a) by
written notice served on the applicant, vary the infrastructure licence to
such extent as the Minister thinks necessary; or
(b)
refuse to vary the infrastructure licence.
[Section 60J inserted: No. 42 of 2010 s. 112.]