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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 132

Revocation of declaration

Revocation at the request of a petroleum exploration permittee

  (1)   If:

  (a)   a petroleum exploration permit is in force over a block that constitutes, or the blocks that constitute, a location; and

  (b)   the permittee requests the Joint Authority to revoke the declaration of the location;

the Joint Authority may, by writing, revoke the declaration of the location.

  (2)   A copy of a revocation under subsection   (1) is to be published in the Gazette .

Revocation where block is no longer the subject of a petroleum exploration permit or a petroleum retention lease

  (3)   If:

  (a)   a block or blocks constituting or forming part of a location was or were the subject of a petroleum exploration permit or a petroleum retention lease; and

  (b)   that block is, or those blocks are, no longer the subject of the permit or lease;

the Joint Authority must, by notice published in the Gazette :

  (c)   in a case where that block constitutes, or those blocks constitute, that location--revoke the declaration of that location; or

  (d)   in a case where that block forms, or those blocks form, part of that location--revoke the declaration of that location to the extent to which the declaration relates to that block or those blocks.

  (4)   Subsection   (3) does not apply in relation to a block if:

  (a)   a person has applied for the grant of a petroleum production licence over the block, and the Joint Authority has not made a decision in relation to the application; or

  (b)   a petroleum production licence is in force in relation to the block.

  (5)   Subsection   (3) does not apply in relation to a block if:

  (a)   a person has applied for the grant of a petroleum retention lease over the block, and the Joint Authority has not made a decision in relation to the application; or

  (b)   a petroleum retention lease is in force in relation to the block.

Revocation if petroleum retention lease refused

  (7)   If:

  (a)   the Joint Authority refuses to grant a petroleum retention lease in relation to a block or blocks constituting a location; and

  (b)   the reason, or one of the reasons, for the refusal is that:

  (i)   the Joint Authority is not satisfied as to the matter referred to in subparagraph   142(b)(i); or

  (ii)   the Joint Authority is not satisfied as to the matter referred to in subparagraph   142(b)(iii);

the Joint Authority must, by notice published in the Gazette , revoke the declaration of that location.

Note:   For the grounds for granting a petroleum retention lease, see section   142.

  (7A)   If:

  (a)   the Joint Authority refuses to grant a petroleum retention lease in relation to a block or blocks forming part of a location; and

  (b)   the reason, or one of the reasons, for the refusal is that:

  (i)   the Joint Authority is not satisfied as to the matter referred to in subparagraph   142(b)(i); or

  (ii)   the Joint Authority is not satisfied as to the matter referred to in subparagraph   142(b)(iii);

the Joint Authority must, by notice published in the Gazette, revoke the declaration of the location to the extent to which the declaration relates to:

  (c)   if subparagraph   (b)(i) of this subsection applies--the block or blocks in relation to which the Joint Authority is not satisfied as to the matter referred to in subparagraph   142(b)(i); or

  (d)   if subparagraph   (b)(ii) of this subsection applies--the block or blocks in relation to which the Joint Authority is not satisfied as to the matter referred to in subparagraph   142(b)(iii).

Note:   For the grounds for granting a petroleum retention lease, see section   142.

Revocation if petroleum production licence granted

  (8)   If:

  (a)   an application for the grant of a petroleum production licence has been made under:

  (i)   section   168 or 170; or

  (ii)   clause   2 or 4 of Schedule   4; and

  (b)   the application specifies 2 or more blocks; and

  (c)   a petroleum production licence is granted in respect of:

  (i)   only one of the blocks; or

  (ii)   some, but not all, of the blocks; and

  (d)   the remaining block or blocks form part of a location; and

  (e)   the Joint Authority refuses to grant a petroleum production licence in relation to the remaining block or blocks; and

  (f)   the reason for the refusal is that the Joint Authority is not satisfied that the area comprised in any one or more of the remaining block or blocks contains petroleum;

the Joint Authority must, by notice published in the Gazette , revoke the declaration of the location to the extent to which the declaration relates to the block or blocks covered by paragraph   (f).

Note 1:   Section   168 and clause   2 of Schedule   4 deal with applications by permittees.

Note 2:   Section   170 and clause   4 of Schedule   4 deal with applications by lessees.

Revocation if petroleum production licence refused

  (9)   If:

  (a)   an application for the grant of a petroleum production licence has been made under:

  (i)   section   168 or 170; or

  (ii)   clause   2 or 4 of Schedule   4; and

  (b)   the application specifies a block or blocks; and

  (c)   the Joint Authority refuses to grant a petroleum production licence in relation to the block or blocks; and

  (d)   the reason for the refusal is that the Joint Authority is not satisfied that the area comprised in the block or blocks contains petroleum; and

  (e)   the block or blocks constitute or form part of a location;

the Joint Authority must, by notice published in the Gazette:

  (f)   in a case where the block constitutes, or the blocks constitute, the location--revoke the declaration of the location; or

  (g)   in a case where the block forms, or the blocks form, part of the location--revoke the declaration of the location to the extent to which the declaration relates to the block or blocks.



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