Petroleum (Submerged Lands) Act 1982

Where the pipeline licensee makes an application for the renewal of the pipeline licence under section 68, the Minister—

shall, if the pipeline licensee has complied with the conditions to which the pipeline licence is subject and with the provisions of this part and of the regulations; or

may, if the pipeline licensee has not so complied and the Minister is satisfied that, although the pipeline licensee has not so complied, special circumstances exist that justify the granting of the renewal of the pipeline licence;

that the Minister is prepared to grant to the pipeline licensee the renewal of the pipeline licence; and

that the pipeline licensee will be required to lodge a security for compliance with the conditions to which the pipeline licence, if the renewal is granted, will from time to time be subject and with the provisions of this part and of the regulations.

If a pipeline licensee who has not complied with the conditions to which the pipeline licence is subject and with the provisions of this part and of the regulations makes an application under section 68 for the renewal of the pipeline licence, and if the Minister is not satisfied that special circumstances exist that justify the granting of the renewal of the pipeline licence, the Minister shall, subject to subsection (3), by instrument in writing served on the pipeline licensee, refuse to grant the renewal of the pipeline licence.

The Minister shall not refuse to grant the renewal of the pipeline licence unless—

the Minister has, by instrument in writing served on the pipeline licensee, given not less than 1 month’s notice of the Minister’s intention to refuse to grant the renewal of the pipeline licence; and

the Minister has served a copy of the instrument on such other persons (if any) as the Minister thinks fit; and

the Minister has, in the instrument—

given particulars of the reasons for the intention; and

specified a date on or before which the pipeline licensee or a person on whom a copy of the instrument is served may, by instrument in writing served on the Minister, submit any matters that he or she wishes the Minister to consider; and

the Minister has taken into account any matters so submitted to the Minister on or before the specified date by the pipeline licensee or by a person on whom a copy of the first mentioned instrument has been served.

An instrument under subsection (1) shall contain—

a summary of the conditions to which the pipeline licence, on the grant of the renewal, is to be subject; and

a statement to the effect that the application will lapse if the pipeline licensee does not make a request under subsection (5) and lodge with the Minister the security referred to in the instrument.

A pipeline licensee on whom there has been served an instrument under subsection (1) may, within a period of 1 month after the date of service of the instrument on the licensee—

by instrument in writing served on the Minister, request the Minister to grant to the licensee the renewal of the pipeline licence; and

lodge with the Minister the security referred to in the first mentioned instrument.

Where a pipeline licensee on whom there has been served an instrument under subsection (1)—

has made a request under subsection (5); and

has lodged with the Minister the security referred to in the instrument;

Where a pipeline licensee on whom there has been served an instrument under subsection (1)—

has not made a request under subsection (5); or

has not lodged with the Minister the security referred to in the instrument;

Where—

an application for the renewal of a pipeline licence is made under section 68; and

the pipeline licence expires—

before the Minister grants, or refuses to grant, the renewal of the pipeline licence; or

before the application lapses as provided by subsection (7);

until the Minister grants, or refuses to grant, the renewal of the pipeline licence; or

until the application so lapses;