Western Australian Consolidated Acts

PETROLEUM AND GEOTHERMAL ENERGY RESOURCES ACT 1967 - SECT 99

99 .         Cancellation of permits etc.

        (1)         Where a permittee, holder of a drilling reservation, lessee or licensee —

            (a)         has not complied with a condition to which the permit, drilling reservation, lease or licence is subject; or

            (b)         has not complied with a direction given to him under this Part by the Minister; or

            (c)         has not complied with a provision of this Part or of the regulations; or

            (d)         has not paid any amount payable by him under this Act, within a period of 3 months after the day on which the amount became payable,

                the Minister may, on that ground, by instrument in writing served on the permittee, holder of the drilling reservation or lessee or licensee, as the case may be, cancel the permit, drilling reservation or licence, as the case requires, as to all or some of the blocks in respect of which it is in force, or cancel the lease as to all of the blocks in respect of which it is in force.

        (2)         The Minister shall not, under subsection (1), cancel a permit, drilling reservation or licence as to all or some of the blocks in respect of which it is in force, or cancel a lease as to all of the blocks in respect of which it is in force, on a ground referred to in that subsection unless —

            (a)         he has, by instrument in writing served on the permittee, holder of the drilling reservation, lessee or licensee, as the case may be, given not less than one month’s notice of his intention so to cancel the permit, drilling reservation, lease or licence on that ground; and

            (b)         he has served a copy of the instrument on such other persons, if any, as he thinks fit; and

            (c)         he has, in the instrument, specified a date on or before which the permittee, holder of the drilling reservation, lessee or licensee or a person on whom a copy of the instrument is served may, by instrument in writing served on the Minister, submit any matters that he wishes the Minister to consider; and

            (d)         he has taken into account —

                  (i)         any action taken by the permittee, holder of the drilling reservation, lessee or licensee, as the case may be, to remove that ground or to prevent the recurrence of similar grounds; and

                  (ii)         any matters so submitted to him on or before the specified date by the permittee, holder of the drilling reservation, lessee or licensee or by a person on whom a copy of the first-mentioned instrument has been served.

        [Section 99 amended by No. 12 of 1990 s. 80; No. 78 of 1990 s. 7.]