Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A permittee whose
petroleum exploration permit is in force, or, the holder of a drilling
reservation whose petroleum drilling reservation is in force, in respect of a
block that constitutes, or the blocks that constitute, a location may, within
the application period, make an application to the Minister for the grant of a
petroleum production licence —
(a)
where 9 or more blocks constitute the location concerned — in
respect of 5 of those blocks; or
(b)
where 8 or 7 blocks constitute the location concerned —in respect
of 4 of those blocks; or
(c)
where 6 or 5 blocks constitute the location concerned —in respect
of 3 of those blocks; or
(d)
where 4 or 3 blocks constitute the location concerned —in respect
of 2 of those blocks; or
(e)
where 2 blocks constitute the location concerned — in respect
of one of those blocks; or
(f)
where one block constitutes the location concerned — in
respect of that block.
(1a) A permittee whose
geothermal exploration permit is in force, or the holder of a drilling
reservation whose geothermal drilling reservation is in force, in respect of a
block that constitutes, or the blocks that constitute, a location may, within
the application period, make an application to the Minister for the grant of a
geothermal production licence in respect of the block that constitutes, or the
blocks that constitute, the location.
(2) A permittee whose
permit is in force, or, the holder of a drilling reservation whose drilling
reservation is in force, in respect of blocks that constitute a
location —
(a)
instead of making an application under subsection (1) or (1a) in respect
of his primary entitlement, may, within the application period, make an
application to the Minister for the grant of a licence in respect of a number
of those blocks that is less than his primary entitlement; and
(b)
being the holder of a licence referred to in paragraph (a), may, from
time to time within that period, make an application to the Minister for the
variation of that licence to include in the licence area a number of those
blocks that does not exceed the number, if any, by which his primary
entitlement exceeds the number of blocks in respect of which that licence was
granted and the number of blocks, if any, included in that licence by reason
of any previous variations of that licence.
(3) Where —
(a) a
petroleum permittee or the holder of a petroleum drilling reservation makes an
application under subsection (1) in respect of his primary entitlement;
or
(b) a
petroleum permittee or the holder of a petroleum drilling reservation who is
the holder of a petroleum licence in respect of a number of blocks that is
less than his primary entitlement makes an application under
subsection (2) for a variation of that licence, and the number of blocks
in respect of which that licence was granted, together with the number of
blocks included, and sought to be included, in the licence area by reason of
applications under that subsection, is his primary entitlement,
the permittee or the
holder of the drilling reservation, as the case requires, may, within the
application period, make an application to the Minister for the grant of a
licence in respect of any of the other blocks forming part of the location
concerned.
(4) Subject to
subsection (5), the application period in respect of an application under
this section by a permittee or the holder of a drilling reservation
is —
(a) the
period of 2 years after the date on which the block that constitutes the
location concerned was, or the blocks that constitute the location concerned
were, declared to be a location; or
(b) such
other period, not less than 2 years or more than 4 years after that
date, as the Minister, on application by the permittee or the holder of the
drilling reservation, as the case requires, in writing, served on the Minister
before the expiration of the first-mentioned period of 2 years, allows.
(5) Where —
(a) a
permittee or the holder of a drilling reservation applies for the grant by the
Minister of a licence in respect of a block or blocks in respect of which the
permittee or the holder of the drilling reservation, as the case requires, has
applied for a lease under section 48A; and
(b) an
instrument refusing to grant the lease is served on the permittee or the
holder of the drilling reservation, as the case requires, under
section 48B(2),
the application period
is whichever of the following periods last expires —
(c) the
period that is applicable under subsection (4);
(d) the
period of 12 months after the day of service of the instrument.
[Section 50 amended by No. 12 of 1990
s. 36; No. 78 of 1990 s. 7; No. 28 of 1994 s. 25;
No. 35 of 2007 s. 46.]