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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 106

Ranking of multiple applicants for work - bid petroleum exploration permit

Scope

  (1)   This section applies if:

  (a)   the Joint Authority publishes a notice under subsection   104(1) inviting applications for the grant of a petroleum exploration permit; and

  (b)   at the end of the period specified in the notice, 2 or more applications have been made under section   104 for the grant of a petroleum exploration permit over the same block or blocks.

Most deserving applicant may be given offer document

  (2)   The Joint Authority may give an offer document under section   105 to whichever applicant, in the Joint Authority's opinion, is most deserving of the grant of the petroleum exploration permit.

  (3)   In determining which of the applicants is most deserving of the grant of the petroleum exploration permit, the Joint Authority must have regard to criteria made publicly available by the Joint Authority.

Ranking of applicants

  (4)   For the purposes of this section, the Joint Authority may rank the applicants in the order in which, in the Joint Authority's opinion, they are deserving of the grant of the petroleum exploration permit, with the most deserving applicant being ranked highest.

  (5)   The Joint Authority may exclude from the ranking any applicant who, in the Joint Authority's opinion, is not deserving of the grant of the petroleum exploration permit.

Applicants who are equally deserving of the grant of the petroleum exploration permit

  (6)   If the Joint Authority:

  (a)   has considered the information accompanying the applications; and

  (b)   is of the opinion that 2 or more of the applicants are equally deserving of the grant of the petroleum exploration permit;

the Joint Authority may, by written notice given to each of those applicants, invite them to give the Joint Authority details (the work/expenditure details ) of their proposals for additional work and expenditure in relation to the block or blocks concerned.

  (7)   A notice under subsection   (6) must:

  (a)   specify the kinds of work/expenditure details that the Joint Authority considers to be relevant in determining which of the applicants is most deserving of the grant of the petroleum exploration permit; and

  (b)   specify the period within which the work/expenditure details must be given to the Joint Authority.

  (8)   If an applicant gives work/expenditure details to the Joint Authority, and those details are:

  (a)   of a kind specified in the notice; and

  (b)   given within the period specified in the notice;

the Joint Authority must have regard to the details in determining which of the applicants is most deserving of the grant of the petroleum exploration permit.

Criteria

  (9)   An instrument setting out criteria under subsection   (3) is not a legislative instrument.

Note:   See also section   109, which deals with the effect of the withdrawal or lapse of an application.



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