Offshore Petroleum and Greenhouse Gas Storage Act 2006

This section applies if an application for a pipeline licence has been made under section 217.

If:

the application is for a pipeline licence in relation to the construction in an offshore area of a petroleum pipeline for the conveyance of petroleum recovered in a petroleum production licence area (whether the licence area is within that, or another, offshore area); and

the applicant is not the petroleum production licensee; and

the application has not been rejected under subsection 218(2);

In deciding whether to give the applicant an offer document under subsection (2), the Joint Authority:

must have regard to the matters specified in subsection (2B); and

may have regard to any other matters the Joint Authority considers relevant.

The matters are as follows:

whether the technical advice and financial resources available to the applicant are sufficient to:

carry out the operations and works that will be authorised by the licence; and

discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence;

the matters specified in section 695YB as they apply to the applicant;

if the applicant is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;

any other matters prescribed by the regulations.

If:

the application is for a pipeline licence in relation to the construction of a petroleum pipeline for the conveyance of petroleum recovered in a petroleum production licence area; and

the applicant is the petroleum production licensee; and

each of the following has been complied with:

the conditions to which the petroleum production licence is, or has from time to time been, subject;

the provisions of this Chapter, Chapter 4, Chapter 5A, Chapter 6 and Part 7.1;

the regulations; and

the Joint Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:

carry out the operations and works that will be authorised by the licence; and

discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and

the Joint Authority is satisfied of the matters (if any) prescribed by the regulations;

If:

the application is for a pipeline licence in relation to the construction of a petroleum pipeline for the conveyance of petroleum recovered in a petroleum production licence area; and

the applicant is the petroleum production licensee; and

any of:

the conditions to which the petroleum production licence is, or has from time to time been, subject; or

the provisions of this Chapter, Chapter 4, Chapter 5A, Chapter 6 and Part 7.1; or

the provisions of the regulations;

the Joint Authority is satisfied that there are sufficient grounds to warrant the granting of the pipeline licence;

Without limiting paragraph (4)(d), in deciding whether to be satisfied that there are sufficient grounds to warrant the granting of the licence, the Joint Authority must have regard to:

whether the technical advice and financial resources available to the applicant are sufficient to:

carry out the operations and works that will be authorised by the licence; and

discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and

any other matters prescribed by the regulations.

If the application is for a pipeline licence in relation to the construction in an offshore area of a petroleum pipeline for the conveyance of petroleum recovered from a place beyond the outer limits of any offshore area, the Joint Authority may give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to grant the applicant a pipeline licence.

In deciding whether to give the applicant an offer document under subsection (5), the Joint Authority:

must have regard to the matters specified in subsection (5B); and

may have regard to any other matters the Joint Authority considers relevant.

The matters are as follows:

whether the technical advice and financial resources available to the applicant are sufficient to:

carry out the operations and works that will be authorised by the licence; and

discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence;

the matters specified in section 695YB as they apply to the applicant;

if the applicant is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;

any other matters prescribed by the regulations.

An offer document under this section must specify the route to be followed by the petroleum pipeline.

Section 259 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).

If the applicant breaches a requirement under section 258 to provide further information, the Joint Authority may refuse to give the applicant an offer document—see subsection 258(3).