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FOI - POINTS TO PEP11 APPROVAL, page-118

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    This is the guideline that NOPTA will use

    Offshore-Petroleum-Exploration-Guideline-Work-bid-after-July-2019.pdf

    They will use this as the Federal Court ordered it be re-decisioned, not a "re-application" that you suggest above, as evidenced by the fact that the NOPTA ref remains unchanged.

    I remind you of the advice on "finance" which refers only to "uncertainty"

    b) There is uncertainty as to whether the Applicant has, or will have, access toadequate financial resources to allow it to fulfil obligations under the titleconditions.

    I remind you of the advice relating to risks of declining on the basis of "finance"

    61. If the Joint Authority were to make an adverse decision 22 months afterNOPTA’s original advice was received on the first application, and an adversedecision on the second application, this would mean the PEP-11 permit term hasended (12 February 2021) and section 265A of the Act would be triggered toallow the permit to run for two months from the notice of refusal, or a longerperiod if the Joint Authority allows, however the titleholder cannot apply for anyfurther suspensions during this time. The Applicant may regard this as anunreasonable position to be placed in noting that all work to date has beencompleted, and the titleholder is progressing with capital-raising to fund thefuture work program without certainty of title.

    I remind you of the findings of the Pathfinder case

    Pathfinder’s basis for the legalclaim was that the decision makers had applied the Guideline inflexibly as tomatters relating to commercial risks and force majeure – with the presidingJudge noting that “it is established practice that any decision maker must notapply any policy inflexibly without regard to whether the particularcircumstances may justify a departure from policy”.

    If you were Madeleine King, would you be risking your career for PEP11?

    I would also recommend that you re-read the AEMO graph and calculate just exactly what the recent gas purchase agreement with Esso and Woodside means in the context of the actual East Coast structural shortfall. It's barely a band-aid.

    I am sure you will continue to disagree and that's OK, we understand that. But when your theory is littered with prefixes like "probably", that is evidence of an opinion, not facts. Readers should use their own discretion.


 
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