Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where, at the
expiration of the period specified in an instrument under subsection (1)
or (1a) of section 57, only one application has been made under that
subsection in respect of the block specified in the instrument, the Minister
may reject the application or may, by instrument in writing served on the
applicant, inform him that he is prepared to grant to him a licence in respect
of that block.
(2) Where, at the
expiration of the period specified in an instrument under subsection (1)
or (1a) of section 57, 2 or more applications have been made under that
subsection in respect of the block specified in the instrument, the Minister
may reject any or all of the applications and, if he does not reject all of
the applications, may —
(a) if
only one application remains unrejected — by instrument in
writing served on the applicant; or
(b) if 2
or more applications remain unrejected — by instrument in
writing served on the applicant, or on one of the applicants, whose
application has not been rejected and who has specified in his application an
amount, or, if applicable, a rate of royalty, that he would be prepared to pay
that is not less than the amount, or, if applicable, the rate of royalty,
specified in the application of any other applicant whose application has not
been rejected,
inform him that he is
prepared to grant to him a licence in respect of that block and that he will
be required to pay the amount specified in the application, royalty at the
rate specified in the application, or royalty at the rate specified in the
application and the amount specified in the instrument under
section 57(1), as the case requires.
[(3), (4) deleted]
(5) An instrument
under any of the preceding provisions of this section shall
contain —
(a) a
summary of the conditions subject to which the licence is to be granted; and
(b) a
statement of the balance of the amount, if any, that the applicant will be
required to pay in respect of the grant of the licence to him; and
(c) a
statement to the effect that the application will lapse —
(i)
if the applicant does not make a request under
subsection (6); or
(ii)
in a case where the instrument contains a statement
referred to in paragraph (b) — if the applicant does not
pay the balance of the amount referred to in that statement.
(6) An applicant on
whom there has been served an instrument under any of the preceding provisions
of this section may, within a period of 3 months after the date of
service of the instrument on him, or within such further period, not exceeding
3 months, as the Minister, on application in writing served on him before
the expiration of the first-mentioned period of 3 months,
allows —
(a) by
instrument in writing served on the Minister, request the Minister to grant to
him the licence; and
(b) if
the first-mentioned instrument contains a statement of the balance of an
amount that the applicant will be required to pay in respect of the grant of
the licence to the applicant — pay that balance.
(7) Where an applicant
on whom there has been served an instrument under subsection (1) or
(2) —
(a) has
not made a request under subsection (6); or
(b) if
the instrument contains a statement of the balance of an amount that the
applicant will be required to pay in respect of the grant of a licence to the
applicant — has not paid that balance,
within the period
applicable under subsection (6), the application lapses upon the
expiration of that period.
(8) Where the
application of an applicant on whom there has been served an instrument under
subsection (2) lapses as provided by subsection (7),
subsection (2) applies in respect of the application or applications, if
any, then remaining unrejected.
[Section 59 amended by No. 12 of 1990
s. 45; No. 28 of 1994 s. 30; No. 35 of 2007 s. 51;
No. 42 of 2010 s. 38.]