Commonwealth Numbered Acts

MINERALS (SUBMERGED LANDS) ACT 1981 No. 81, 1981 - SECT 40

40. (1) Where a permittee or licensee has made an application under section 
39 , the Joint Authority may -

   (a)  subject to sub-section (3), grant to the permittee or licensee, as the
        case may be, a works authority in respect of such part of
        the adjacent area as is determined by the Joint Authority and
        specified in the instrument and in respect of such of the works and
        operations specified in the application as are determined by the
        Joint Authority to be -

        (i)    directly connected with operations carried on or proposed to be
               carried on under the permit or licence, as the case may be; and

        (ii)   necessary or desirable for the more effective exercise of
               rights, or the performance of duties, under the permit or
               licence, as the case may be, and are specified in the
               instrument; or

   (b)  refuse to grant a works authority to the permittee or licensee.

(2) A works authority may, subject to sub-section (3), be granted under
sub-section (1) in respect of a part of an adjacent area that is the subject
of another works authority or in respect of a part of a block that is the
subject of a permit or licence.

(3) The Joint Authority shall not, on an application made under section 39,
grant a works authority in respect of a part of an adjacent area that is the
subject of another works authority, or in respect of a part of a block that is
the subject of a permit or licence, being a works authority, permit or licence
the registered holder of which is a person other than the applicant, unless it
has -

   (a)  by instrument in writing served on that person, given not less than 1
        month's notice of its intention to grant the works authority;

   (b)  served a copy of the instrument on such other persons (if any) as
        appear to it to be persons who would be adversely affected by the
        grant of the works authority;

   (c)  in the instrument -

        (i)    given particulars of the works authority proposed to be
               granted; and

        (ii)   specified a date on or before which submissions in writing may
               be served on the Designated Authority in connection with the
               proposed grant; and

   (d)  taken into account any matters so submitted on or before the specified
        date.