Document ID: chunk:federal_register_of_legislation:C2006C00058:clause:1_38bb
Version: federal_register_of_legislation:C2006C00058
Segment Type: clause
Provision Reference: sch 1 cl 38BB
Character Range: 6926–8731

38BB  Application by licensee for lease

 (1) If:
 (a) a licence is in force under paragraph 53(1)(c) or subsection 53(2) in respect of a block or blocks; and
 (b) no operations for the recovery of petroleum are being carried on under the licence in respect of an area (the unused area):
 (i) that consists of, or consists of part of, the block or blocks; and
 (ii) in which petroleum has been found to exist;
the licensee may, within the application period, apply to the Designated Authority for the grant by the Joint Authority of a lease in respect of the unused area.

 (2) An application under subsection (1):
 (a) is to be in accordance with an approved form; and
 (b) is to be made in an approved manner; and
 (c) is to be accompanied by particulars of:
 (i) the proposals of the applicant for work and expenditure in respect of the unused area; and
 (ii) the commercial viability of the recovery of petroleum from the unused area at the time of the application, and particulars of the possible future commercial viability of the recovery of petroleum from that area; and
 (d) may set out any other matters that the applicant wishes to be considered; and
 (e) is to be accompanied by the prescribed fee.

 (3) The Designated Authority may, at any time, by written notice served on the applicant, require the applicant to give, within the period stated in the notice, further written information in connection with the application.

 (4) The application period in respect of an application under this section by a licensee is the period of 5 years that began on:
 (a) the day on which the licence was granted; or
 (b) if any operations for the recovery of petroleum have been carried on under the licence in respect of the unused area—the last day on which any such operations were so carried on.