New South Wales Consolidated Acts New South Wales Consolidated ActsIn this Schedule,
"petroleum prospecting title" means an exploration licence, assessment lease
or special prospecting authority under this Act.
(1) The Minister may by notice published in the Gazette invite applications (
"competitive selection applications" ) for the grant of a petroleum prospecting title for a specified area of land on the basis of competitive selection for the grant of the title.
(2) An invitation for competitive selection applications can stipulate information that is to accompany the application in addition to information required to accompany the application under Division 1 of Part 3 of this Act.
(3) An invitation for competitive selection applications can relate to more than one area of land.
(4) The Minister may by notice published in the Gazette vary or withdraw an invitation for competitive selection applications, and the regulations may make provision for or with respect to the consequences of the variation or withdrawal of an invitation.
(1) The Minister is to determine the process for competitive selection for the grant of a petroleum prospecting title.
(2) The process for competitive selection can be different for different areas of land.
(3) An invitation for competitive selection applications is to include such information as to the process for competitive selection as the Minister considers appropriate.
(1) Without limiting any other provision of this Act, the Minister must take into account in the competitive selection process--(a) any matter that the Minister is required under this Act to take into account in considering an application for the grant of an exploration licence, assessment lease or special prospecting authority, and(b) any matter prescribed by the regulations.
(2) The Minister may determine any other matters that are to be considered in the competitive selection process and the weight or emphasis to be given to those matters.
(1) An invitation for competitive selection applications can include a requirement for applications to include an undertaking that the applicant will pay an amount specified in the application or an amount determined through a competitive selection process as consideration offered for the grant of the petroleum prospecting title.
(2) The process for competitive selection can include the public release of information as to the consideration offered by applicants for the grant of a petroleum prospecting title.
(3) The amount of consideration undertaken to be paid by an applicant for the grant of a petroleum prospecting title is a factor that can be a relevant consideration in the competitive selection process.
(4) The grant of a petroleum prospecting title can be delayed until the amount of any consideration payable for the grant of the title is paid or arrangements for payment or security for payment that are satisfactory to the Minister have been entered into.
(5) Any amount paid as consideration for the grant of a petroleum prospecting title is not refundable in the event of the title being cancelled.
(1) After a competitive selection application has been considered in accordance with this Schedule, the application is to be dealt with and determined in accordance with the provisions of this Act as they relate to an application for an exploration licence, assessment lease or special prospecting authority (as appropriate). Accordingly, a power of the Minister under this Act to refuse an application for an exploration licence, assessment lease or special prospecting authority applies to a competitive selection application.Note : A competitive selection process does not guarantee that a petroleum prospecting title will be issued (because all competing applications may be refused).
(2) If a competitive selection application fails to meet the requirements of the invitation in relation to which it is made, the application can be refused at any time during the competitive selection process without waiting for the process to be finalised.