Petroleum Act 1936

A lessee desiring exemption from covenants to work the lands the subject of any petroleum lease shall make application in the prescribed form, stating the period of time for which such exemption is required, and in relation to such application the following provisions shall apply:—

Where exemption is required for a period not exceeding fourteen days, and no previous exemption has been granted in the year in which the application is made, the application shall be made to the warden at his office, and the warden may grant such exemption upon such evidence by the lessee as he may deem sufficient;

Where exemption is required for a period not exceeding fourteen days, and previous exemption has been granted in the year in which the application is made, or where exemption is required for a period of time exceeding fourteen days, the application shall be made to the warden in the Warden’s Court;

Where the application for exemption is made in the Warden’s Court, any person may appear and oppose such application, and in such case the application shall be heard in accordance with the procedure prescribed for the hearing of ordinary applications in the Warden’s Court. Evidence for and against the application shall be taken on oath, reduced to writing by the warden, and signed by the witness;

The warden shall not give any decision on any such application, but shall refer to the Minister the evidence taken, together with his own notes thereon, and together with such recommendation in relation to the granting or refusing of the application as he thinks just in the circumstances;

Upon receipt of such recommendation and accompanying documents, the Minister may grant or refuse, either wholly or in part, the application for exemption, and his decision shall be absolutely final;

The decision of the Minister shall be communicated to the lessee by the Under Secretary for Mines in the prescribed manner.

Notwithstanding anything to the contrary contained in subsection one hereof, a lessee may apply direct to the Minister for exemption for a period not exceeding fourteen days, and, provided no previous exemption has been granted in the year in which such application is made, the Minister may grant such exemption upon such evidence by the lessee as the Minister shall deem sufficient.