South Australia: Petroleum (Submerged Lands) Act 1982 (SA)

South Australia Petroleum (Submerged Lands) Act 1982 An Act to make provision with respect to the exploration for and the exploitation of the petroleum resources, and certain other resources, of certain submerged lands adjacent to the coasts of South Australia, and for other purposes. Contents Preamble Part 1—Preliminary Division 1—Interpretation, application and construction of Act 1 Short title 2 Transitional provisions 4 Interpretation 5 Application of Act 5A Interaction with Marine Parks Act 2007 5B Licence or other right is not personal property for the purposes of Commonwealth Act 6 Petroleum pool extending into two licence areas 7 Points etc to be ascertained by reference to Australian Geodetic Datum 7A Certain portions of blocks to be blocks Division 2—Administration of the Commonwealth adjacent area 8 Definitions 9 Minister a member of Joint Authority 10 Minister as Designated Authority 11 Delegations under Commonwealth Act 12 Public servants performing functions under Commonwealth Act Part 2—Application of laws 13 Modification of the applied provisions 14 Jurisdiction of State courts 14A Disapplication of State occupational health and safety laws Part 3—Mining for petroleum Division 1—Preliminary 15 Delegation 16 Graticulation of Earth's surface 17 Reservation of blocks Division 2—Exploration permits for petroleum 18 Exploration for petroleum 19 Advertisement of blocks 20 Application for permits 21 Grant or refusal of permit in relation to application 22 Application for permit in respect of surrendered etc blocks 23 Application fee etc 24 Consideration of applications 25 Request by applicant for grant of permit in respect of advertised blocks 26 Grant of permit on request 27 Rights conferred by permit 28 Term of permit 29 Application for renewal of permit 30 Application for renewal of permit to be in respect of reduced area 30A Certain permits cannot be renewed more than twice 31 Grant or refusal of renewal of permit 32 Conditions of permit 33 Discovery of petroleum to be notified 34 Directions by Minister on discovery of petroleum 35 Nomination of blocks as location 36 Declaration of location 37 Immediately adjoining blocks Division 2A—Retention leases for petroleum 37A Application by permittee for lease 37B Grant or refusal of lease in relation to application 37BA Application of sections 37A and 37B where permit is transferred 37C Rights conferred by lease 37D Term of lease 37E Notice of intention to cancel lease 37F Application for renewal of lease 37G Grant or refusal of renewal of lease 37H Conditions of lease 37J Discovery of petroleum to be notified 37K Directions by Minister on discovery of petroleum Division 3—Production licences for petroleum 38 Recovery of petroleum in adjacent area 39 Application by permittee for licence 39A Application for licence by lessee 40 Application for licence 41 Determination of rate of royalty 42 Notification as to grant of licence 43 Grant of licence 43A Application of sections 40 to 43 where permit etc transferred 44 Variation of licence area 45 Determination of permit or lease as to block not taken up 46 Application for licence in respect of surrendered etc blocks 47 Application fee etc 48 Request by applicant for grant of licence 49 Grant of licence on request 50 Grant of licences in respect of individual blocks 51 Rights conferred by licence 52 Term of licence 53 Application for renewal of licence 54 Grant or refusal of renewal of licence 55 Conditions of licence 57 Directions as to recovery of petroleum 58 Unit development Division 4—Pipeline licences 59 Construction etc of pipelines etc 60 Acts done in an emergency etc 61 Removal of pipeline etc constructed in contravention of Act 62 Terminal station 63 Application for pipeline licence 64 Grant or refusal of pipeline licence 65 Rights conferred by pipeline licence 66 Term of pipeline licence 67 Application for renewal of pipeline licence 68 Grant or refusal of renewal of pipeline licence 69 Conditions of pipeline licence 70 Variation of pipeline licence on application by pipeline licensee 71 Variation of pipeline licence by Minister 72 Common carrier 73 Ceasing to operate pipeline Division 5—Registration of instruments 73A Interpretation 74 Register of certain instruments to be kept 75 Particulars to be entered in register 76 Memorials to be entered of permits etc determined etc 77 Approval and registration of transfers 78 Entries in register on devolution of title etc 80 Approval of dealings creating etc interests etc in existing titles 80A Approval of dealings in future interests etc 81 True consideration to be shown 82 Minister not concerned with certain matters 83 Power of Minister to require information as to dealings 84 Production and inspection of documents 85 Inspection of register and documents 86 Evidentiary provision 86A Minister may make corrections to register 87 Appeals 88 Minister not liable to certain actions 89 Offences 90 Assessment of fee 91 Registration fees 92 Exemption from stamp duty Division 6—General 93 Notice of grants of permits etc to be published 94 Date of effect of surrender etc of permits etc 95 Commencement of works 96 Work practices 96A Conditions relating to insurance 97 Maintenance etc of property 98 Sections 96 and 97 to have effect subject to this Act etc 99 Drilling near boundaries 100 Directions 101 Compliance with directions 102 Exemption 103 Surrender of permits etc 104 Cancellation of permits etc 105 Cancellation of permit etc not affected by other provisions 106 Removal of property etc by permittee etc 107 Removal of property etc by Minister 108 Payment by instalments 109 Penalty for late payments of instalments etc 110 Special prospecting authorities 111 Access authorities 112 Sale of property 114 Minister etc may require information to be furnished etc 115 Power to examine on oath 116 Failing to furnish information etc 117 Release of information 118 Safety zones 119 Discovery and use of water 120 Survey of wells etc 121 Records etc to be kept 122 Scientific investigations 123 Interference with other rights 124 Inspectors 125 Powers of inspectors 126 Property in petroleum 127 Suspension of right conferred by permit 128 Certain payments to be made by State to Commonwealth 129 Determination to be disregarded in certain cases 130 Continuing offences 131 Persons concerned in commission of offences 133 Orders for forfeiture in respect of certain offences 134 Disposal of forfeited goods 135 Time for bringing proceedings for offences 136 Judicial notice 137 Service 137A Service of documents on two or more permittees etc Division 6A—Powers of authorised persons 137B Interpretation 137C Powers of authorised persons 137D Search warrants 137E Exercise of powers in serious circumstances Division 7—Fees and royalties 138 Fees 141 Time for payment of fees 142 Royalty 143 Reduction of royalty in certain cases 144 Royalty not payable in certain cases 145 Ascertainment of well-head 146 Ascertainment of value 147 Ascertainment of quantity of petroleum recovered 148 Payment of royalty 148A Provisional payment of royalty 148B Adjustment of payments of royalty 149 Penalty for late payment 150 Fees and penalties debts due to State Part 3A—Occupational health and safety Division 1—Introduction 150A Definitions 150B Occupational health and safety 150C Listed OHS laws 150D Regulations relating to occupational health and safety Division 2—Functions and powers of the Safety Authority 150E Safety Authority's functions 150F Safety Authority's ordinary powers 150G Judicial notice of seal Division 3—Safety Authority Board 150H Functions of the Board 150I Powers of the Board 150J Validity of decisions Division 4—CEO and staff of the Safety Authority 150K CEO acts for Safety Authority 150L Working with the Board 150M Delegation 150N Secondments to the Safety Authority Division 5—Other Safety Authority provisions 150O Minister may require the Safety Authority to prepare reports or give information 150P Directions to the Safety Authority 150Q Reviews of operations of Safety Authority 150R Liability for acts and omissions Part 4—Regulations 151 Regulations Schedule 2—Convention on the Continental Shelf Schedule 3—Area that includes the adjacent area Schedule 4—Scheme for transitional arrangements 1 Interpretation 2 Subsisting permits to be deemed to be 2 permits 3 Renewal of permits 4 Subsisting pipeline licences to be deemed to be two licences 5 Transfer of permits and pipeline licences 6 Preservation of existing interests and rights 7 Saving of approvals etc 8 Existing Register 9 Registration of, and of instruments relating to, subsisting permits and pipeline licences 10 Fees Schedule 6—Petroleum (Submerged Lands) (Miscellaneous) Amendment Act 1994—Transitional provisions 1 Interpretation 2 Application of sections 35 and 36 3 Application of section 80(4)(b) 4 Discharge of security under section 96A on provision of insurance 5 Application of sections 148A and 148B Schedule 7—Occupational health and safety Part 1—Introduction 1 Objects 2 Simplified outline 3 Definitions 4 Facilities 5 Operator must ensure presence of operator's representative 6 Health and safety of persons using an accommodation facility 7 Contractor Part 2—Occupational health and safety Division 1—Duties relating to occupational health and safety 8 Duties of operator 9 Duties of persons in control of parts of facility or particular work 10 Duties of employers 11 Duties of manufacturers in relation to plant and substances 12 Duties of suppliers of facilities, plant and substances 13 Duties of persons erecting facilities or installing plant 14 Duties of persons in relation to occupational health and safety 15 Reliance on information supplied or results of research Division 2—Regulations relating to occupational health and safety 16 Regulations relating to occupational health and safety Part 3—Workplace arrangements Division 1—Introduction 17 Simplified outline Division 2—Designated work groups Subdivision A—Establishment of designated work groups 18 Establishment of designated work groups by request 19 Establishment of designated work groups at initiative of operator Subdivision B—Variation of designated work groups 20 Variation of designated work groups by request 21 Variation of designated work groups at initiative of operator Subdivision C—General 22 Referral of disagreement to reviewing authority 23 Manner of grouping members of the workforce Division 3—Health and safety representatives Subdivision A—Selection of health and safety representatives 24 Selection of health and safety representatives 25 Election of health and safety representatives 26 List of health and safety representatives 27 Members of designated work group must be notified of selection etc of health and safety representative 28 Term of office 29 Training of health and safety representatives 30 Resignation etc of health and safety representatives 31 Disqualification of health and safety representatives 32 Deputy health and safety representatives Subdivision B—Powers of health and safety representatives 33 Powers of health and safety representatives 34 Assistance by consultant 35 Information 36 Obligations and liabilities of health and safety representatives 37 Provisional improvement notices 38 Effect of provisional improvement notice Subdivision C—Duties of the operator and other employers in relation to health and safety representatives 39 Duties of the operator and other employers in relation to health and safety representatives Division 4—Health and safety committees 40 Health and safety committees 41 Functions of health and safety committees 42 Duties of the operator and other employers in relation to health and safety committees Division 5—Emergency procedures 43 Action by health and safety representatives 44 Directions to perform other work Division 6—Exemptions 45 Exemptions Part 4—Inspections Division 1—Introduction 46 Simplified outline 47 Powers, functions and duties of OHS inspectors Division 2—Inspections 48 Inspections Division 3—Powers of OHS inspectors in relation to the conduct of inspections Subdivision A—General powers of entry and search 49 Powers of entry and search—facilities 50 Powers of entry and search—regulated business premises (other than facilities) 51 Powers of entry and search—premises (other than regulated business premises) 52 Warrant to enter premises (other than regulated business premises) 53 Obstructing or hindering OHS inspector Subdivision B—Other powers 54 Power to require assistance and information 55 Power to require the answering of questions and the production of documents or articles 56 Privilege against self-incrimination 57 Power to take possession of plant, take samples of substances etc 58 Power to direct that workplace etc not be disturbed 59 Power to issue prohibition notices 60 Compliance with prohibition notice 61 Power to issue improvement notices 62 Compliance with improvement notice 63 Notices not to be tampered with or removed Division 4—Reports on inspections 64 Reports on inspections Division 5—Appeals 65 Appeals 66 Powers of reviewing authority on appeal Part 5—General 67 Notifying and reporting accidents and dangerous occurrences 68 Records of accidents and dangerous occurrences to be kept 69 Codes of practice 70 Use of codes of practice in proceedings 71 Interference etc with equipment etc 72 Members of workforce not to be levied 73 Victimisation 74 Institution of prosecutions 75 Role of Commonwealth DPP 76 Conduct of directors, employees and agents 77 Act not to give rise to other liabilities etc 78 Circumstances preventing compliance may be defence to prosecution 79 Regulations—general Legislative history Preamble WHEREAS in accordance with international law Australia as a coastal State has sovereign rights over the Continental Shelf beyond the limits of Australian territorial waters for the purpose of exploring it and exploiting its natural resources: AND WHEREAS Australia is a party to the Convention on the Continental Shelf signed at Geneva on 29 April 1958 in which those rights are defined: AND WHEREAS by the Seas and Submerged Lands Act 1973 of the Commonwealth it is declared and enacted that the sovereignty in respect of the territorial sea of Australia and in respect of the airspace over it and in respect of its sea-bed and subsoil, and the sovereignty in respect of certain internal waters of Australia and in respect of the airspace over those waters and in respect of the sea-bed and subsoil beneath those waters, is vested in and exercisable by the Crown in right of the Commonwealth: AND WHEREAS the Parliaments of the States and the Legislative Assembly of the Northern Territory have certain legislative powers in respect of the sea-bed and subsoil referred to in the last preceding recital and the Parliament of the Commonwealth has vested in the Crown in right of each of the States and the Crown in right of the Northern Territory certain proprietary rights in respect of that sea-bed and subsoil: AND WHEREAS it has been agreed between the Commonwealth, the States and the Northern Territory that, in place of the scheme provided for by an Agreement between the Commonwealth and the States dated 16 October 1967— (a) legislation of the Parliament of the Commonwealth in respect of the exploration for and the exploitation of the petroleum resources of submerged lands should be limited to the resources of lands beneath waters that are beyond the outer limits of the territorial sea adjacent to the States and the Northern Territory (being outer limits based, unless and until otherwise agreed, on the breadth of that sea being three nautical miles), and that the States and the Northern Territory should share in the administration of that legislation; and (b) legislation of the Parliament of each State should apply in respect of the exploration for and the exploitation of the petroleum resources of such part of the submerged lands in an area adjacent to the State as is on the landward side of the waters referred to in paragraph (a); and (c) legislation of the Legislative Assembly of the Northern Territory should apply in respect of the exploration for and the exploitation of the petroleum resources of such part of the submerged lands in an area adjacent to the Northern Territory as is on the landward side of the waters referred to in paragraph (a); and (d) the Commonwealth, the States and the Northern Territory should endeavour to maintain, as far as practicable, common principles, rules and practices in the regulation and control of the exploration for and the exploitation of the petroleum resources of all the submerged lands referred to above that are on the seaward side of the inner limits of the territorial sea of Australia: The Parliament of South Australia enacts as follows: Part 1—Preliminary Division 1—Interpretation, application and construction of Act 1—Short title (1) This Act may be cited as the Petroleum (Submerged Lands) Act 1982. 2—Transitional provisions (2) The scheme agreed on between the Governments of the Commonwealth, the States and the Northern Territory, being the scheme set out in Schedule 4, so far as that scheme relates to the operation of this Act has the force of law by virtue of this section. (3) For the purposes of the scheme set out in Schedule 4, as in force by virtue of this section, this Act is the State Act of South Australia and the Minister is the Designated Authority under this Act. (4) A reference to the Designated Authority in a new permit (within the meaning of the scheme set out in Schedule 4) or a new pipeline licence (within the meaning of that scheme) shall for the purposes of that permit or pipeline licence and this Act be read as a reference to the Minister. (5) The provisions set out in Schedule 5 have the force of law by virtue of this section. 4—Interpretation (1) In this Act, unless the contrary intention appears— access authority means an access authority under Part 3; application for a primary licence means an application under section 39(1) or (2) or under section 39A(1) or (2); application for a secondary licence means an application under section 39(3) or under section 39A(3); approved means approved by the Minister; block means a block constituted as provided by section 7A or 16; Commonwealth Act means, as the context requires: (a) the Petroleum (Submerged Lands) Act 1967 of the Commonwealth as amended from time to time; or (b) if the Petroleum (Submerged Lands) Act 1967 of the Commonwealth has been repealed and re‑enacted (with or without modifications)—the re‑enacted Act of the Commonwealth as amended from time to time; Commonwealth Minister means the Minister of the Crown in right of the Commonwealth for the time being administering the Commonwealth Act; construct includes "place" and construction has a corresponding meaning; corresponding law means an Act of another State or a law in force in a Territory of the Commonwealth giving effect to the agreement between the Commonwealth, the States and the Northern Territory referred to in the preamble to this Act; document includes any map, book, record or writing; good oil-field practice means all those things that are generally accepted as good and safe in the carrying on of exploration for petroleum, or in operations for the recovery of petroleum, as the case may be; graticular section means a section referred to in section 16; inspector means a person appointed under section 124; lease means a retention lease under Part 3; lease area means the area constituted by the blocks that are the subject of a lease; lessee means the registered holder of a lease; licence means a production licence for petroleum under Part 3; licence area means the area constituted by the blocks that are the subject of a licence; licensee means the registered holder of a licence; listed OHS laws has the meaning given by section 150C; location means a block or blocks in respect of which a declaration under section 36 is in force; natural resources has the same meaning as in the Convention; OHS inspector means an OHS inspector appointed under the Commonwealth Act; partly cancelled means— (a) in relation to a permit or licence—cancelled as to one or more but not all of the blocks the subject of the permit or licence; and (b) in relation to a pipeline licence—cancelled as to a part of the pipeline the subject of the licence; partly determined, in relation to a permit or lease, means determined as to one or more but not all of the blocks the subject of the permit or lease; permit means an exploration permit for petroleum under Part 3; permit area means the area constituted by the blocks that are the subject of a permit; permittee means the registered holder of a permit; petroleum means— (a) any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state; or (b) any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or (c) any naturally occurring mixture of one or more hydrocarbons, whether in a gaseous, liquid or solid state, and one or more of the following, that is to say, hydrogen-sulphide, nitrogen, helium and carbon-dioxide, and includes any petroleum as defined by paragraph (a), (b) or (c) of this definition that has been returned to a natural reservoir in the adjacent area; petroleum pool means a naturally occurring discrete accumulation of petroleum; pipeline means a pipe or system of pipes in the adjacent area for conveying petroleum but does not include a pipe or system of pipes— (a) for returning petroleum to a natural reservoir; or (b) for conveying petroleum for use for the purposes of petroleum exploration operations or operations for the recovery of petroleum; or (c) for conveying petroleum that is to be flared or vented; or (d) for conveying petroleum from a well to a terminal station without passing through another terminal station, whether the terminal station to which the petroleum is conveyed is in the adjacent area or not; pipeline licence means a licence under Part 3 to construct and operate a pipeline; pipeline licensee means the registered holder of a pipeline licence; primary entitlement means— (a) in relation to a permittee—the number of blocks forming part of a location in the permit area in respect of which that permittee may make an application under section 39(1); and (b) in relation to a lessee—the number of blocks in the lease area in respect of which that lessee may make an application under section 39A(1); primary licence means a licence granted on an application under section 39(1) or (2) or under section 39A(1) or (2); pumping station means equipment for pumping petroleum or water and includes any structure associated with that equipment; register means the register kept in pursuance of Division 5 of Part 3; registered holder, in relation to a permit, lease, licence, pipeline licence, special prospecting authority or access authority, means the person whose name is for the time being shown in the register as being the holder of the permit, lease, licence, pipeline licence, special prospecting authority or access authority; royalty period, in relation to a permit or licence, means— (a) the period from and including the date from which the permit or licence has effect to the end of the month of the year during which that date occurs; and (b) each month thereafter; Safety Authority means the National Offshore Petroleum Safety Authority under the Commonwealth Act; secondary licence means a licence granted on an application under section 39(3) or under section 39A(3); secondary line means a pipe or system of pipes for any purpose referred to in paragraphs (a), (b), (c) and (d) of the definition of pipeline; special prospecting authority means a special prospecting authority under Part 3; tank station means a tank or system of tanks for holding or storing petroleum and includes any structure associated with that tank or system of tanks; terminal station means a pumping station, a tank station or a valve station declared to be a terminal station under section 62 or under the Commonwealth Act or a corresponding law; the adjacent area means, subject to subsection (2), so much of the area the boundary of which is described in Schedule 3 as is part of the territorial sea of Australia, including the territorial sea adjacent to any island forming part of South Australia; the Convention means the Convention entitled Convention on the Continental Shelf signed at Geneva on 29 April 1958, being the Convention a copy of which in the English language is set out in Schedule 2; the Joint Authority means the Commonwealth-South Australia Offshore Petroleum Joint Authority established by the Commonwealth Act; the relinquished area means— (a) in relation to a permit, lease or licence that has expired—the area constituted by the blocks in respect of which the permit, lease or licence was in force but has not been renewed; and (b) in relation to a permit or lease that has been wholly determined or partly determined—the area constituted by the blocks as to which the permit or lease was so determined; and (c) in relation to a permit or licence that has been wholly cancelled or partly cancelled—the area constituted by the blocks as to which the permit or licence was so cancelled; and (ca) in relation to a lease that has been wholly cancelled—the area constituted by the blocks in respect of which the lease was in force; and (d) in relation to a pipeline licence that is no longer in force—the part of the adjacent area in which the pipeline was constructed; and (e) in relation to a pipeline licence that has been wholly cancelled or partly cancelled—the part of the adjacent area in which the pipeline or the part of the pipeline, as the case may be, was constructed; and (f) in relation to a special prospecting authority or access authority that has been surrendered or cancelled, or has expired—the area constituted by the blocks in respect of which that authority was in force; valve station means equipment for regulating the flow of petroleum and includes any structure associated with that equipment; vessel means a vessel used in navigation, other than air navigation, and includes a barge, lighter or other floating vessel; water line means a pipe or system of pipes for conveying water in connection with petroleum exploration operations or operations for the recovery of petroleum; well means a hole in the sea-bed or subsoil made by drilling, boring or any other means in connection with exploration for petroleum or operations for the recovery of petroleum but does not include a seismic shot hole; wholly cancelled, in relation to a permit, lease, licence or pipeline licence, means cancelled as to all the blocks, or as to the whole of the pipeline, the subject of the permit, lease, licence or pipeline licence; wholly determined, in relation to a permit or lease, means determined as to all the blocks the subject of the permit or lease. (2) If at any time the breadth of the territorial sea of Australia is determined or declared to be greater than three nautical miles, the definition of the adjacent area in subsection (1) continues to have effect as if the breadth of the territorial sea of Australia had continued to be three nautical miles. (4) In this Act, a reference to the term of a permit, lease, licence, pipeline licence, special prospecting authority or access authority is a reference to the period during which the permit, lease, licence, pipeline licence, special prospecting authority or access authority remains in force and a reference to the date of expiration of a permit, lease, licence, pipeline licence, special prospecting authority or access authority is a reference to the day on which the permit, lease, licence, pipeline licence, special prospecting authority or access authority ceases to be in force. (5) In this Act, a reference to a year of the term of a permit, lease, licence or pipeline licence is a reference to a period of one year commencing on the day on which the permit, lease, licence or pipeline licence, as the case may be, comes into force or on any anniversary of that day. (6) In this Act, a reference to the renewal, or to the grant of a renewal, of a permit is a reference to the grant of a permit in respect of all or some of the blocks specified in the firstmentioned permit to commence on the day after the date of expiration of the firstmentioned permit or on the day after the date of expiration of the permit granted upon a previous renewal of the firstmentioned permit. (6a) In this Act, a reference to the renewal, or the grant of a renewal, of a lease is a reference to the grant of a lease in respect of the blocks in respect of which the first mentioned lease was in force to commence on the day after the date of expiration of the firstmentioned lease or on the day after the date of expiration of the lease granted upon a previous renewal of the first mentioned lease. (7) In this Act, a reference to the renewal, or to the grant of a renewal, of a licence in respect of the blocks specified in the licence is a reference to the grant of a licence in respect of those blocks to commence on the day after the date of expiration of the firstmentioned licence or on the day after the date of expiration of the licence granted upon a previous renewal of the firstmentioned licence. (8) In this Act, a reference to the renewal, or to the grant of a renewal, of a pipeline licence in respect of a pipeline is a reference to the grant of a pipeline licence in respect of that pipeline to commence on the day after the date of expiration of the firstmentioned pipeline licence or on the day after the date of expiration of the pipeline licence granted upon a previous renewal of the firstmentioned pipeline licence. (9) In this Act, a reference to a pipeline includes a reference to a part of a pipeline. (10) In this Act, a reference to a permit, lease, licence, pipeline licence or access authority is reference to the permit, lease, licence, pipeline licence or access authority as varied for the time being under this Act. (11) The power conferred by this Act to make, grant or issue any instrument shall, unless the contrary intention appears, be construed as including a power exercisable in the like manner and subject to the like conditions, if any, to repeal, rescind, revoke, amend or vary any such instrument. (12) For the purposes of this Act— (a) the space above or below the adjacent area shall be deemed to be in that area; and (b) the space above or below an area that is part of the adjacent area shall be deemed to be in that part. 5—Application of Act This Act applies to all natural persons, whether Australian citizens or not and whether resident in South Australia or not, and to all corporations, whether incorporated or carrying on business in South Australia or not. 5A—Interaction with Marine Parks Act 2007 The Minister must, in the administration of this Act, take into account the objects of the Marine Parks Act 2007 (insofar as any operations or proposed operations relate to an area that forms part of a marine park under that Act). 5B—Licence or other right is not personal property for the purposes of Commonwealth Act A right, entitlement or authority that is granted by or under this Act is not personal property for the purposes of the Personal Property Securities Act 2009 of the Commonwealth. 6—Petroleum pool extending into two licence areas (1) Where a well-head is situated in a licence area and the well from that well-head is inclined so as to enter a petroleum pool, being a pool that does not extend to that licence area, at a place within an adjoining licence area of the same licensee, any petroleum recovered through that well shall be deemed to have been recovered in that adjoining licence area under the licence in respect of that area. (2) Where a petroleum pool is partly in one licence area and partly in an adjoining licence area of the same licensee and petroleum is recovered from that pool through a well or wells in one or both of the licence areas, there shall be deemed to have been recovered in each of the licence areas, under the licence in respect of that area, such proportion of all petroleum so recovered as may reasonably be treated as being derived from that area, having regard to the nature and probable extent of the pool, and the respective proportions shall be determined in accordance with subsection (3). (3) The proportions to be determined for the purposes of subsection (2) may be determined by agreement between the licensee and the Minister or, in the absence of agreement, may be determined by the Supreme Court on the application of the licensee or the Minister. (4) Where a petroleum pool is partly in a licence area and partly in an area (in this subsection referred to as the Commonwealth licence area) in which the licensee has authority under the Commonwealth Act to explore for, or recover, petroleum, and petroleum is recovered from that pool through a well or wells in the licence area, the Commonwealth licence area or both, there shall be deemed to have been recovered in the licence area such proportion of all petroleum so recovered as may reasonably be treated as being derived from that area, having regard to the nature and probable extent of the pool, and that proportion shall be determined in accordance with subsection (5). (5) The proportion to be determined for the purposes of subsection (4) may be determined by agreement between the licensee, the Joint Authority and the Minister or, in the absence of agreement, may be determined by the Supreme Court on the application of the licensee, the Joint Authority or the Minister. (6) Where a petroleum pool is partly in a licence area and partly in an area (in this section called the other State licence area) in which the licensee has authority, under a corresponding law, to explore for or recover, petroleum, and petroleum is recovered from that pool through a well or wells in the licence area, the other State licence area or both, there shall be deemed to have been recovered in the licence area such proportion of all petroleum so recovered as may reasonably be treated as being derived from that area, having regard to the nature and probable extent of the pool, and that proportion shall be determined in accordance with subsection (7). (7) The proportion to be determined for the purposes of subsection (6) may be determined by agreement between the licensee, the Minister and the Minister of the other State administering the corresponding law or, in the absence of agreement, may be determined by the Supreme Court on the application of any of those persons. (8) Where— (a) a petroleum pool is partly in a licence area and partly in another area, being an area which is outside the adjacent area and in which the licensee has, under the Commonwealth Act or a corresponding law, authority to explore for, or recover, petroleum; (b) petroleum is recovered from that pool; and (c) the Supreme Court of another State makes a determination, under the Commonwealth Act or a corresponding law, of the proportion of the petroleum recovered from that pool that is, for the purposes of the Commonwealth Act or the corresponding law, to be deemed to have been recovered from the other area, the Supreme Court shall not make a determination under this section that is inconsistent with the determination of the Supreme Court of the other State. (9) Where— (a) a petroleum pool is partly in a licence area and partly in another area, whether in the adjacent area or not, in respect of which another person has authority, whether under this Act, the Commonwealth Act or a corresponding law, to explore for or recover petroleum; and (b) a unit development agreement in accordance with section 58 is in force between the licensee and that other person; and (c) petroleum is recovered from that pool through a well or wells in the licence area, the other area or both, there shall be deemed to have been recovered in the licence area such proportion of all petroleum so recovered as is specified in, or determined in accordance with, the agreement. (10) In this section a reference to a licence, a licensee or a licence area shall be read as including a reference to a permit and a lease, a permittee and a lessee or a permit area and a lease area. 7—Points etc to be ascertained by reference to Australian Geodetic Datum (1) Where, for the purposes of this Act, or for the purposes of an instrument under this Act, it is necessary to determine the position on the surface of the Earth of a point, line or area, that position shall be determined by reference to a spheroid having its centre at the centre of the Earth and a major (equatorial) radius of 6 378 160 metres and a flattening of and by reference to the position of the Johnston Geodetic Station in the Northern Territory of Australia. (2) That station shall be taken to be situated at 133 degrees, 12 minutes and 30.0771 seconds of East Longitude and at 25 degrees, 56 minutes and 54.5515 seconds of South Latitude and to have a ground level of 571.2 metres above the spheroid referred to in subsection (1). 7A—Certain portions of blocks to be blocks (1) Where the area in respect of which a permit, lease, licence or prescribed instrument is in force includes one or more portions of a block constituted as provided by section 16, then, for the purposes of this Part— (a) the area of that portion or those portions constitutes a block; and (b) the area of the remaining portion or portions of the firstmentioned block (but not including any part of that area in respect of which a permit, lease, licence or prescribed instrument is in force) constitutes a block. (2) Where a permit, lease, licence or prescribed instrument ceases to be in force in respect of an area that constitutes a block as provided by subsection (1)(a), the Minister may, by instrument in writing, if the Minister considers it desirable to do so, determine that that block shall be amalgamated with another block or blocks, being a block or blocks— (a) constituted as provided by this section; and (b) forming part of the graticular section of which that firstmentioned block forms part; and (c) in respect of which a permit, lease or licence is in force. (3) Where such a determination is made, then, for the purposes of this Part— (a) the blocks the subject of the determination cease to constitute blocks and the areas of those blocks together constitute a block; and (b) the block constituted by reason of the determination is, subject to this Part, for the remainder of the term of the permit, lease or licence concerned, a block in respect of which the permit, lease or licence is in force. (4) The Minister shall not make a determination under subsection (2) except with the consent of the permittee, lessee or licensee concerned. (5) In this section— prescribed instrument means a special prospecting authority, an access authority and any other instrument prescribed by regulation. Division 2—Administration of the Commonwealth adjacent area 8—Definitions In this Division, unless the contrary intention appears— Commonwealth Act means, as the context requires— (a) the Petroleum (Submerged Lands) Act 1967 of the Commonwealth as amended from time to time; or (b) if the Petroleum (Submerged Lands) Act 1967 of the Commonwealth has been repealed and re‑enacted (with or without modifications)—the re‑enacted Act of the Commonwealth as amended from time to time; or (c) the Petroleum (Submerged Lands) Registration Fees Act 1967 of the Commonwealth as amended from time to time; or (d) if the Petroleum (Submerged Lands) Registration Fees Act 1967 has been repealed and re‑enacted (with or without modifications)—the re‑enacted Act of the Commonwealth as amended from time to time; or (e) the Petroleum (Submerged Lands) Fees Act 1994 of the Commonwealth as amended from time to time; or (f) if the Petroleum (Submerged Lands) Fees Act 1994 has been repealed and re‑enacted (with or without modifications)—the re‑enacted Act of the Commonwealth as amended from time to time; Commonwealth adjacent area means— (a) if the Petroleum (Submerged Lands) Act 1967 of the Commonwealth is in force—the adjacent area in respect of South Australia determined in accordance with section 5A of that Act; or (b) if the Petroleum (Submerged Lands) Act 1967 of the Commonwealth has been repealed and been re‑enacted (with or without modifications)—the area that, under the re‑enacted Act of the Commonwealth, corresponds to the adjacent area in respect of South Australia determined in accordance with section 5A of the repealed Act. 9—Minister a member of Joint Authority (1) The Minister may exercise any power which the Commonwealth Act is expressed to authorise him to exercise as a member of the Joint Authority. (2) The Minister shall perform any function which the Commonwealth Act is expressed to require him to perform as a member of the Joint Authority. 10—Minister as Designated Authority The Minister is authorised to perform the functions and exercise the powers which the Commonwealth Act is expressed to require or empower the Designated Authority in respect of the Commonwealth adjacent area to perform or exercise. 11—Delegations under Commonwealth Act Where, in the exercise of a power which the Commonwealth Act is expressed to confer upon the Designated Authority in respect of the Commonwealth adjacent area, the Minister delegates a power to a person who is an officer in the public service or who holds any office in the service of the State of South Australia, the person may exercise the power. 12—Public servants performing functions under Commonwealth Act An officer in the public service of South Australia shall perform any function which the Minister, as the Designated Authority in respect of the Commonwealth adjacent area, or as a member of the Joint Authority, requires him to perform in relation to the Commonwealth Act. Part 2—Application of laws 13—Modification of the applied provisions (1) Notwithstanding anything to the contrary in the Off-shore Waters (Application of Laws) Act 1976 the regulations may provide that such of the provisions which apply in the adjacent area by virtue of that Act as are specified in the regulations— (a) do not apply; or (b) apply with such modifications as are specified in the regulations, to or in relation to, acts, omissions, matters, circumstances or things touching, concerning, arising out of or connected with the exploration of the sea-bed or subsoil of the adjacent area for petroleum or the exploitation of the natural resources, being petroleum, of that sea-bed or subsoil. (2) Without limiting the operation of subsection (1) or of regulations under that subsection, the following shall, for the purposes of that subsection and of any such regulations, be deemed to be acts, omissions, matters, circumstances or things of the kind referred to in that subsection— (a) any— (i) act or omission that takes place in, on, above, below or in the vicinity of; or (ii) matter, circumstance or thing that exists or arises with respect to or in connection with, a vessel, aircraft, structure or installation, or equipment or other property, that is in the adjacent area for any reason touching, concerning, arising out of or connected with the exploration of the sea-bed or subsoil of the adjacent area for petroleum or the exploitation of the natural resources, being petroleum, of that sea-bed or subsoil; or (b) any act or omission of, or matter or circumstance concerning, a person who— (i) is in the adjacent area for a reason of the kind referred to in paragraph (a); or (ii) is in, on, above, below or in the vicinity of a vessel, aircraft, structure or installation, or equipment or other property, that is in the adjacent area for a reason of the kind referred to in paragraph (a); or (c) any act or omission of, or matter or circumstance concerning, a person in respect of his carrying on any operation or doing any work in the adjacent area for a reason of the kind referred to in paragraph (a). (3) For the purposes of this section, modification includes the omission or addition of a provision or the substitution of a provision for another provision. 14—Jurisdiction of State courts The jurisdiction with which the several courts of South Australia are invested by the Off-shore Waters (Application of Laws) Act 1976 extends to all matters arising under any modification of the provisions which apply in the adjacent area by virtue of that Act effected by regulations under section 13. 14A—Disapplication of State occupational health and safety laws (1) The prescribed occupational health and safety laws do not apply in relation to— (a) a facility; or (b) a person at a facility; or (c) a person near a facility, to the extent to which the person is affected by— (i) a facility; or (ii) activities that take place at a facility; or (d) activities that take place at a facility. (2) A reference in subsection (1) to the prescribed occupational health and safety laws is a reference to such of the provisions of those laws that, but for subsection (1), would apply in the adjacent area by virtue of the Off-shore Waters (Application of Laws) Act 1976 or the cooperative scheme within the meaning of the Crimes at Sea Act 1998. (3) In this section— facility has the same meaning as in Schedule 7; prescribed occupational heath and safety laws mean any laws of the State relating to occupational health and safety (whether or not they also relate to other matters) that are prescribed by the regulations for the purposes of this section. (4) This section applies despite anything to the contrary in the Off-shore Waters (Application of Laws) Act 1976 or the Crimes at Sea Act 1998. Part 3—Mining for petroleum Division 1—Preliminary 15—Delegation (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him delegate to a person any of his powers or functions under this Act other than this power of delegation. (2) A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Minister. (3) A delegation under this section may be expressed as a delegation to the person for the time being holding, or performing the duties of, a specified office under the Commonwealth, a State or a Territory. (4) A delegation under this section made at any time by a person who is at that time the Minister continues in force notwithstanding that at some subsequent time a different person is the Minister or there is no person who is the Minister, but such a delegation may be revoked or varied by any person who is for the time being the Minister. (5) A delegation under this section of a power or function does not prevent the exercise of the power or performance of the function by the Minister. (6) A copy of each instrument making, varying or revoking a delegation shall be published in the Gazette. 16—Graticulation of Earth's surface (1) For the purposes of this Act, the surface of the Earth shall be deemed to be divided— (a) by the meridian of Greenwich and by meridians that are at a distance from that meridian of five minutes, or a multiple of five minutes, of longitude; and (b) by the equator and by parallels of latitude that are at a distance from the equator of five minutes, or a multiple of five minutes, of latitude, into sections, each of which is bounded— (c) by portions of two of those meridians that are at a distance from each other of five minutes of longitude; and (d) by portions of two of those parallels of latitude that are at a distance from each other of five minutes of latitude. (2) For the purposes of this Act— (a) a graticular section that is wholly within the adjacent area constitutes a block; and (b) if a part only of a graticular section is, or parts only of a graticular section are, within the adjacent area, the area of that part, or of those parts, constitutes a block. (3) In this Act— (a) a reference to a block that is constituted by a graticular section includes a reference to a block that is constituted by the area of a part only, or by the areas of parts only, of a graticular section; and (b) a reference to a graticular section that constitutes a block includes a reference to a graticular section part only of which constitutes, or parts only of which constitute, a block. 17—Reservation of blocks (1) The Minister may, by instrument published in the Gazette, declare that a block specified in the instrument (not being a block in respect of which a permit, lease or licence is in force or over or in which there is a pipeline) shall not be the subject of a permit, lease, licence, special prospecting authority or access authority and that a pipeline licence shall not be granted in respect of a pipeline over or in that block. (2) While a declaration under subsection (1) remains in force in respect of a block, a permit, lease, licence, special prospecting authority or access authority shall not be granted in respect of that block and a pipeline licence shall not be granted in respect of a pipeline over or in that block. Division 2—Exploration permits for petroleum 18—Exploration for petroleum (1) A person shall not explore for petroleum in the adjacent area except— (a) under and in accordance with a permit; or (b) as otherwise permitted by this Part. Maximum penalty: $50 000 or imprisonment for five years, or both. (2) For the purposes of subsection (1), a person who does anything preparatory to, or knowingly connected with, exploration for petroleum will be taken to be exploring for petroleum. 19—Advertisement of blocks (1) The Minister may, by instrument published in the Gazette— (a) invite applications for the grant of a permit in respect of the block or blocks specified in the instrument; and (b) specify a period within which applications may be made. (2) The Minister may, for reasons that he thinks sufficient, in an instrument under subsection (1), direct that section 20(2) or (3) does not apply, or that both of those subsections do not apply, to or in relation to the applications. 20—Application for permits (1) An application under section 19— (a) shall be in accordance with an approved form; and (b) shall be made in an approved manner; and (c) shall be in respect of not more than 400 blocks; and (d) shall be accompanied by particulars of— (i) the proposals of the applicant for work and expenditure in respect of the blocks specified in the application; and (ii) the technical qualifications of the applicant and of his employees; and (iii) the technical advice available to the applicant; and (iv) the financial resources available to the applicant; (e) may set out other matters that the applicant wishes the Minister to consider; and (f) shall be accompanied by the prescribed fee. (2) The number of blocks specified in the application— (a) if sixteen blocks or more are available—shall not be less than sixteen; or (b) if less than sixteen blocks are available—shall be the number available. (3) The blocks specified in the application shall be blocks that are constituted by graticular sections that— (a) constitute a single area; and (b) are such that each graticular section in that area has a side in common with at least one other graticular section in that area. (4) The Minister may, at any time, by instrument in writing served on the applicant, require him to furnish, within the time specified in the instrument, further information in writing in connection with his application. 21—Grant or refusal of permit in relation to application (1) Where an application has been made under section 19, the Minister may— (a) by instrument in writing served on the applicant, inform the applicant that the Minister is prepared to grant to the applicant a permit in respect of the block or blocks specified in the instrument; or (b) refuse to grant a permit to the applicant. (2) An instrument under subsection (1) shall contain— (a) a summary of the conditions subject to which the permit is to be granted; and (b) a statement to the effect that the application will lapse if the applicant does not make a request under subsection (3) in respect of the grant of the permit. (3) An applicant on whom there has been served an instrument under subsection (1) may, within a period of one month after the date of service of the instrument on him, or within such further period, not exceeding one month, as the Minister, on application in writing served on him before the expiration of the firstmentioned period of one month, allows, by instrument in writing served on the Minister, request the Minister to grant to the applicant the permit referred to in the firstmentioned instrument. (4) Where an applicant on whom there has been served an instrument under subsection (1) has made a request under subsection (3) within the period applicable under subsection (3), the Minister must grant to the applicant an exploration permit for petroleum in respect of the block or blocks specified in the instrument. (5) Where an applicant on whom there has been served an instrument under subsection (1) has not made a request under subsection (3) within the period applicable under subsection (3), the application lapses upon the expiration of that period. 22—Application for permit in respect of surrendered etc blocks (1) Where— (a) a lease is surrendered, cancelled or determined as to a block or blocks; or (aa) a licence is surrendered or cancelled as to a block or blocks; or (b) a permit is surrendered, cancelled or determined as to a block or blocks and, at the time of the surrender, cancellation or determination, the block was, or was included in, or the blocks were, or were included in, a location, the Minister may, at any subsequent time, by instrument published in the Gazette, invite applications for the grant of a permit in respect of that block or such of those blocks as are specified in the instrument and specify a period within which applications may be made. (4) An application under this section— (a) shall be in accordance with an approved form; and (b) shall be made in an approved manner; and (c) shall be accompanied by the particulars referred to in section 20(1)(d); and (d) shall specify an amount that the applicant is prepared to pay to the Minister, in addition to the fee referred to in section 23(1)(a), in respect of the grant of a permit to him on the application; and (e) may set out any other matters that the applicant wishes the Minister to consider. (5) The Minister may, at any time, by instrument in writing served on the applicant, require him to furnish, within the time specified in the instrument, further information in writing in connection with his application. 23—Application fee etc (1) An application under section 22 shall be accompanied by— (a) the prescribed fee; and (b) a deposit of 10 per centum of the amount specified in the application under section 22(4)(d). (2) Where a permit is not granted on the application, the amount of the deposit must, subject to subsection (3), be refunded to the applicant. (3) Where an applicant on whom there has been served an instrument under section 24 does not request the Minister in accordance with section 25 to grant to him the permit referred to in the instrument, the deposit shall not, unless the Minister otherwise determines, be refunded to the applicant. 24—Consideration of applications (1) Where, at the expiration of the period specified in an instrument under section 22(1), only one application has been made under that subsection in respect of the block or blocks specified in the instrument, the Minister may reject the application or may, by instrument in writing served on the applicant, inform the applicant that he is prepared to grant to him a permit in respect of that block or those blocks. (2) Where, at the expiration of the period specified in an instrument under section 22(1), two or more applications have been made under that subsection in respect of the block or blocks 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 two 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 as the amount that he is prepared to pay in respect of the grant of a permit to him an amount that is not less than the amount specified by any other applicant whose application has not been rejected, inform him that he is prepared to grant to him a permit in respect of that block or those blocks. (5) An instrument under this section shall contain— (a) a summary of the conditions subject to which the permit is to be granted; and (b) a statement to the effect that the application will lapse if the applicant does not— (i) make a request under section 25(1); and (ii) pay the balance of the amount to be paid in respect of the grant of the permit to him or enter into an agreement under section 108 in respect of that balance. 25—Request by applicant for grant of permit in respect of advertised blocks (1) An applicant on whom there has been served an instrument under section 24 may, within a period of three months after the date of service of the instrument on him, or within such further period, not exceeding three months, as the Minister, on application in writing served on him before the expiration of the firstmentioned period of three months, allows— (a) by instrument in writing served on the Minister, request the Minister to grant to him the permit referred to in the firstmentioned instrument; and (b) pay the balance of the amount to be paid in respect of the grant of the permit to him or enter into an agreement under section 108 in respect of that balance. (2) Where an applicant on whom there has been served an instrument under section 24— (a) has not made a request under subsection (1); or (b) has not paid the balance of the amount to be paid in respect of the grant of the permit to him or entered into an agreement under section 108 in respect of that balance, within the period applicable under subsection (1), the application lapses upon the expiration of that period. (3) Where the application of an applicant on whom there has been served an instrument under section 24(2) lapses as provided by subsection (2), section 24(2) applies in respect of the application or applications, if any, then remaining unrejected. 26—Grant of permit on request Where a person on whom there has been served an instrument under section 24— (a) has made a request under section 25(1); and (b) has paid the balance of the amount to be paid in respect of the grant of a permit to him or has entered into an agreement under section 108 in respect of that balance, within the period applicable under section 24(1), the Minister shall grant to that person an exploration permit for petroleum in respect of the block or blocks specified in the instrument. 27—Rights conferred by permit A permit, while it remains in force, authorises the permittee subject to this Act and in accordance with the conditions to which the permit is subject, to explore for petroleum and to carry on such operations and execute such works as are necessary for that purpose in the permit area. 28—Term of permit Subject to this Part, a permit remains in force— (a) in the case of a permit granted otherwise than by way of the renewal of a permit—for a period of six years commencing on the day on which the permit is granted or, if a later day is specified in the permit as being the day on which the permit is to come into force, on that later day; and (b) in the case of a permit granted by way of the renewal of a permit—for a period of five years commencing on the day on which the permit is granted or, if a later day is specified in the permit as being the day on which the permit is to come into force, on that later day. 29—Application for renewal of permit (1) Subject to sections 30 and 30A, a permittee may, from time to time, make an application to the Minister for the renewal of the permit in respect of such of the blocks the subject of the permit as are specified in the application. (2) An application for the renewal of the permit— (a) shall be in accordance with an approved form; and (b) subject to subsection (3) shall be made in an approved manner not less than three months before the date of expiration of the permit; and (c) shall be accompanied by the prescribed fee. (3) The Minister may, for reasons that he thinks sufficient, receive an application for the renewal of the permit less than three months before, but not in any case after, the date of expiration of the permit. 30—Application for renewal of permit to be in respect of reduced area (1) Subject to subsection (3), the number of blocks in respect of which an application for the renewal of a permit may be made shall not exceed the number calculated as follows: (a) where the number of blocks in respect of which the permit is in force is a number that is divisible by two without remainder—one-half of that number; or (b) where the number of blocks in respect of which the permit is in force is a number that is one less or one more than a number that is divisible by four without remainder—one-half of that lastmentioned number. (2) A block that is, or is included in, a location and in respect of which the permit is in force shall not be regarded as a block in respect of which the permit is in force for the purpose of making a calculation under subsection (1). (3) An application for the renewal of a permit may include, in addition to the blocks referred to in subsection (1), a block that is, or is included in, a location and in respect of which the permit is in force, or two or more such blocks. (4) The blocks specified in an application for the renewal of a permit shall be blocks that are constituted by, or are within, graticular sections that— (a) constitute a single area or a number of discrete areas; and (b) are such that each graticular section in the area, or in each area, has a side in common with at least one other graticular section in that area. (5) Where the number of blocks in respect of which an application for the renewal of a permit may be made is sixteen or more, each area constituted by blocks in respect of which the application is made shall be constituted by not less than sixteen blocks. (6) Where the maximum number of blocks in respect of which an application for the renewal of a permit may be made in accordance with the preceding provisions of this section is less than sixteen, the Minister may, by instrument in writing served on the permittee— (a) inform the permittee that the number of blocks in respect of which the application may be made is such number, not exceeding sixteen, as is specified in the instrument; and (b) give such directions as he thinks fit concerning the blocks in respect of which the application may be made. (7) The Minister may, for reasons that he thinks sufficient— (a) direct that subsections (4) and (5) do not apply to or in relation to a proposed application for the renewal of a permit; and (b) give such directions as he thinks fit concerning the blocks in respect of which that application may be made. 30A—Certain permits cannot be renewed more than twice (1) This section applies to an application for the renewal of a permit where— (a) the original permit was granted under section 21— (i) on or after 1 January 2005; and (ii) as a result of an application made in response to an invitation in an instrument that was published under section 19(1) on or after 1 January 2005; or (b) the original permit was granted under section 26 on or after 1 January 2005. (2) A permittee must not make the application if it could result in the original permit being renewed more than twice. 31—Grant or refusal of renewal of permit (1) Where an application has been made under section 29 for the renewal of a permit, the Minister— (a) must, if the conditions to which the permit is, or has from time to time been, subject and the provisions of this Part and of the regulations have been complied with; or (b) may, if— (i) any of the conditions to which the permit is, or has from time to time been, subject or any of the provisions of this Part or of the regulations has not been complied with; and (ii) the Minister is, nevertheless, satisf