Commonwealth Numbered Acts

MINERALS (SUBMERGED LANDS) ACT 1981 No. 81, 1981 - SECT 68

68. (1) A permittee who has been or is being prevented from carrying on in the
permit area any operations authorized by the permit may make an application to
the Designated Authority for an extension of the term of the permit under this
section.

(2) An application under sub-section (1) -

   (a)  shall be made not later than 1 month after the date of commencement of
        the circumstances causing the prevention but in any event before the
        permit concerned ceases to have effect;

   (b)  shall specify the operations that the permittee has been or is being
        prevented from carrying on;

   (c)  shall set out the circumstances by reason of which the permittee has
        been or is being prevented from carrying on those operations; and

   (d)  may set out any other matters that the permittee wishes to be
        considered.

(3) Where a permittee has made an application under sub-section (1), the
Joint Authority shall, by instrument in writing served on the permittee -

   (a)  if it is satisfied that the permittee has been, by reason of
        circumstances beyond the control of the permittee, prevented from
        carrying on in the permit area, during any period during which the
        permit was in force otherwise than by reason of sub-section (4) or
        sub-section 30 (8), any of the operations specified in the application
        - extend the term of the permit by the period specified in the
        instrument, being a period not exceeding that first-mentioned period,
        subject to such conditions, if any, as it determines and so specifies;
        or

   (b)  in any other case - refuse the application.

(4) Where a permittee has made an application under sub-section (1) and an
instrument under sub-section (3) has not been served on the permittee before
the permit would, but for this sub-section, cease to have effect -

   (a)  any application under section 28 for the renewal of the permit lapses;

   (b)  the permittee may, notwithstanding anything contained in that section
        make an application under that section for the renewal of the permit -

        (i)    if the Joint Authority, by instrument under sub-section (3),
               extends the term of the permit for a specified period - within
               a period of 1 month after the expiration of the specified
               period; or

        (ii)   if the Joint Authority, by instrument under sub-section (3),
               refuses the application under sub-section (1) - within a period
               of 1 month after the day on which the instrument is served on
               the permittee; and

   (c)  the permit continues in force by reason of this sub-section until the
        expiration of that period of 1 month, or until an application is made
        under section 28 for the renewal of the permit, whichever first
        happens.