Commonwealth Consolidated Acts

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OFFSHORE ELECTRICITY INFRASTRUCTURE ACT 2021 - SECT 48

Varying a commercial licence

  (1)   The Minister may, by written notice to the holder of a commercial licence, vary the licence to:

  (a)   impose a condition on the licence; or

  (b)   vary or revoke a condition imposed on the licence under paragraph   (a) or subsection   45(2); or

  (c)   remove one or more areas from the licence area.

  (2)   A variation under subsection   (1) may be made on the application of the licence holder, which must be made in accordance with the licensing scheme.

  (3)   A variation under subsection   (1) may also be made on the Minister's own initiative, but only if:

  (a)   the variation is made at the same time as:

  (i)   the Minister extends the end day of the licence under a provision of the licensing scheme made for the purposes of section   47, if the extension is made as a result of an application by the licence holder; or

  (ii)   the Minister makes a decision to transfer the licence under subsection   70(1); or

  (iii)   the Minister makes another variation under this section as a result of an application by the licence holder; or

  (b)   the Minister becomes aware that there has been a change in control of the licence holder, and the variation is made in connection with that change in control.

  (4)   An area may be removed under paragraph   (1)(c) only if:

  (a)   the licence holder has not carried out any offshore infrastructure activities in the area; and

  (b)   the Minister is satisfied that the licence holder does not intend to carry out any offshore infrastructure activities in the area under the licence; and

  (c)   the removal does not result in the remaining licence area being non - continuous.



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