Commonwealth Consolidated Acts Commonwealth Consolidated ActsWhen the conditions of a title may be the subject of a variation, suspension or exemption
(1) This section applies if an event specified in the table happens, or a circumstance specified in the table exists:
When the conditions of a title may be the subject of a variation, suspension or exemption | ||
Item | Event or circumstance | |
1 | a petroleum exploration permit, petroleum retention lease, petroleum production licence, infrastructure licence or pipeline licence | the permittee, lessee or licensee applies in writing to the Titles Administrator for: (a) a variation or suspension of any of the conditions to which the permit, lease or licence is subject; or (b) exemption from compliance with any of the conditions to which the permit, lease or licence is subject. |
2 | a petroleum exploration permit, petroleum retention lease, petroleum production licence, infrastructure licence or pipeline licence | the Joint Authority, the responsible Commonwealth Minister, the Titles Administrator or NOPSEMA gives a direction or consent to the permittee, lessee or licensee under: (a) this Chapter; or (b) Chapter 6; or (c) Part 7.1; or (d) the regulations. |
3 | a petroleum exploration permit or petroleum production licence | the permit or licence is: (a) partly cancelled; or (b) partly revoked; or (c) partly surrendered. |
4 | the lease is partly revoked. | |
5 | a petroleum exploration permit, petroleum retention lease or petroleum production licence | the permittee, lessee or licensee consents to the making of a determination under section 282. |
6 | a petroleum exploration permit, petroleum retention lease or petroleum production licence | the permit, lease or licence is taken to continue in force until the Joint Authority grants, or refuses to grant, the renewal of the permit, lease or licence (see subsections 119(5), 153(5) and 184(6)). |
7 | the licence is varied under clause 7 of Schedule 4. | |
8 | the licensee enters into an agreement under section 191, or a direction is given to the licensee under that section. | |
10 | the licence is partly cancelled. | |
11 | ||
(1A) An application under item 1 of the table in subsection (1) for a variation of any of the conditions to which a permit, lease or licence is subject may be set out in the same document as an application under that item for a suspension of any of the conditions to which the permit, lease or licence is subject.
Variation, suspension or exemption
(2) The Joint Authority may, by written notice given to the permittee, lessee or licensee:
(a) vary; or
(b) suspend; or
(c) exempt the permittee, lessee or licensee from compliance with;
any of the conditions to which the permit, lease, or licence is subject, on such conditions (if any) as are specified in the notice.
(2AA) In making a decision under subsection (2), the Joint Authority may have regard to:
(a) whether the technical advice and financial resources available to the permittee, lessee or licensee are sufficient to:
(i) carry out the operations and works that will be authorised by the permit, lease, or licence if the condition of the permit, lease or licence is varied or suspended or the permittee, lessee or licensee is exempt from compliance with the condition; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit, lease, or licence if the condition of the permit, lease or licence is varied or suspended or the permittee, lessee or licensee is exempt from compliance with the condition; and
(b) any other matters prescribed by the regulations; and
(c) any other matters the Joint Authority considers relevant.
(2A) A variation under subsection (2) may be in the same notice as a suspension under that subsection.
(3) Subsection (2) does not authorise the giving of a notice to the extent that it would affect a condition of a petroleum exploration permit, petroleum retention lease or petroleum production licence requiring compliance with the Royalty Act.
Notice of refusal of application
(3A) If:
(a) an application is made under item 1 of the table in subsection (1); and
(b) the Joint Authority refuses the application;
the Joint Authority must:
(c) by written notice given to the applicant, notify the applicant of the refusal; and
(d) do so as soon as practicable after the refusal.
When variation takes effect
(4) A variation of a petroleum production licence, infrastructure licence or pipeline licence under this section takes effect on the day on which notice of the variation is published in the Gazette .
(5) A variation of a petroleum exploration permit or petroleum retention lease under this section takes effect on the day on which notice of the variation is given to the permittee or lessee.