(1) The registered
holder of a permit, lease, licence, infrastructure licence or pipeline licence
must maintain, as directed by the Minister from time to time, insurance
against expenses or liabilities or specified things arising in connection
with, or as a result of, the carrying out of work, or the doing of any other
thing, under the permit, lease, licence, infrastructure licence or pipeline
licence, including expenses of complying with directions with respect to the
clean-up or other remedying of the effects of the escape of petroleum.
(2) The conditions
subject to which a special prospecting authority or access authority is
granted may include a condition that the registered holder maintain, as
directed by the Minister from time to time, insurance against expenses or
liabilities or specified things arising in connection with, or as a result of,
the carrying out of work, or the doing of any other thing, under the
authority, including expenses of complying with directions with respect to the
clean-up or other remedying of the effects of the escape of petroleum.
(3) When —
(a) a
permit, lease, licence, infrastructure licence or pipeline licence was in
force immediately before the commencement of section 105 of the Acts Amendment
(Petroleum) Act 1994 ; and
(b) the
Minister has required the registered holder to maintain insurance under
subsection (1); and
(c) the
Minister is satisfied that the required insurance is in effect,
the Minister shall
issue a certificate to the effect that he is so satisfied.
(4) Where the Minister
issues a certificate under subsection (3), any security in force in relation
to the permit, lease, licence, infrastructure licence or pipeline licence,
being a security that was required under this Act or under the Acts Amendment
(Petroleum) Act 1990 before the commencement of section 105 of the Acts
Amendment (Petroleum) Act 1994 , is discharged.
(5) The discharge of a
security under subsection (4) has no effect on any liability arising under or
in relation to the security before its discharge.
[Section 97A inserted: No. 28 of 1994 s. 105;
amended: No. 42 of 2010 s. 133.]