PETROLEUM RESOURCE RENT TAX ASSESSMENT ACT 1987

PART IV - PETROLEUM PROJECTS  

SECTION 20   COMBINING OF PETROLEUM PROJECTS  

20(1)  


Subject to this section, where the Resources Minister, in relation to a production licence in relation to a petroleum project, having regard to:


(a) the respective operations, facilities and other things that comprise, have comprised or will comprise that project and any other petroleum project or projects existing at the time at which the production licence came into force; and


(b) the persons by whom or on whose behalf the operations, facilities and other things referred to in paragraph (a) are being, have been or are proposed to be carried on or provided; and


(c) (Repealed by No 43 of 2019)


(d) the geological, geophysical and geochemical and other features of the production licence areas in relation to the projects;

considers that the projects are sufficiently related to be treated for the purposes of this Act as a single petroleum project, the Minister must issue a certificate under this subsection specifying the production licence or production licences in relation to each of the projects.

20(1A)  


Despite subsection (1), the Minister cannot specify, under that subsection, a production licence relating to the North West Shelf project.

20(2)  
(Repealed by No 43 of 2019)

20(3)  
For the purposes of paragraph (1)(a):


(a) a reference to operations, facilities and other things that have comprised a petroleum project includes, in the case of a combined project, a reference to operations, facilities and other things that have comprised the pre-combination projects in relation to the project; and


(b) a reference to operations, facilities and other things that will comprise a petroleum project is a reference to operations, facilities and other things that are proposed, by the registered holders of, and the holders of registered interests in, the production licence or licences in relation to the project, to comprise the project.

20(4)  


The Minister may only issue a certificate under subsection ( 1 ) in respect of petroleum projects if:


(a) a person who is entitled to receive at least half of the receipts from the sale of petroleum or marketable petroleum commodities produced in relation to each of the projects applies, in writing, to the Minister for the certificate to be issued; or


(b) 2 or more persons who together are entitled to receive at least half of those receipts apply, in writing, to the Minister for the certificate to be issued.

20(4A)  


An application under subsection (4) may only be made within:


(a) the period of 90 days beginning on the day the most recent production licence in relation to any of the petroleum projects came into force; or


(b) if the Minister allows a longer period - that longer period.

20(4B)  


If the Minister does not make a decision on an application under subsection ( 4 ) before the later of the following times:


(a) the end of the period of 90 days after the application is made;


(b) if the Minister extends that period under subsection (4C) - the end of the extended period;

the Minister is taken, for the purposes of subsection (12), to have refused the application at that time.

20(4C)  


The Minister may, by written notice to the applicant or applicants, extend the period mentioned in subsection (4B) if the Minister is satisfied that it is necessary to do so to adequately consider the application.

20(5)  
A certificate under subsection (1) shall not be repealed, rescinded, revoked, amended or varied otherwise than:


(a) under subsection (8);


(b) pursuant to a decision of the Tribunal or an order of a court; or


(c) to correct an error in the certificate.

20(6)  


A certificate under subsection (1) shall come into force on the issue of the certificate and continue in force until the issue of a subsequent certificate under that subsection specifying production licences that include such of the production licences specified in the first-mentioned certificate as are in force at the time when the subsequent certificate is issued.

20(7)  


Where, in deciding whether or not to issue a certificate under subsection (1) specifying 2 or more production licences, the Resources Minister has reasonable grounds to believe that an operation, facility or other thing is being, has been or is proposed to be carried on or provided, or is being, has been or is proposed to be carried on or provided in a particular manner or by particular persons, for the sole or dominant purpose of obtaining the issue of the certificate, the Minister must disregard the carrying on or provision of the operation, facility or thing.

20(8)  


Where, after the issue of a certificate under subsection (1), it appears to the Resources Minister that, having regard to information that was not available to the Minister at the time of issue of the certificate, the certificate would not, by reason of the application of subsection (7), have been issued if the Minister had been aware of the information at the time of issue of the certificate, the Minister must cancel the certificate and upon the cancellation the certificate shall be deemed never to have been issued.

20(9)  


The Minister must:


(a) within 30 days after the issue of a certificate under subsection (1) or the cancellation under subsection (8) of such a certificate, arrange for notice in writing of the issue or cancellation:


(i) to be sent to the holder or holders of the production licences concerned and to the Commissioner; and

(ii) to be published in the Gazette ; and


(b) within 30 days after making a decision to refuse an application for the issue of a certificate under subsection (1), arrange for notice in writing of the decision to be sent to the person or persons making the application.

20(10)  


A notice under subsection (9) shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975 , application may be made to the Tribunal for review of the decision to issue or cancel the certificate, or to refuse the application, as the case may be, by or on behalf of the person or persons whose interests are affected by the decision.

20(11)  
Any failure to comply with the requirement of subsection (10) in relation to a decision does not affect the validity of the decision.

20(12)  
Application may be made to the Tribunal for a review of:


(a) a decision of the Resources Minister to issue a certificate under subsection (1); or


(b) a decision of the Minister refusing an application to issue such a certificate; or


(c) a decision of the Minister under subsection (8) to cancel such a certificate.




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