Commonwealth Consolidated Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 307A

Scope

  (1)   This section applies if:

  (a)   a greenhouse gas assessment permit (the existing greenhouse gas assessment permit ) is in force; and

  (b)   the permittee is the holder of a State/Territory greenhouse gas assessment title (the existing State/Territory greenhouse gas assessment title ); and

  (c)   at least one block of the permit area of the existing greenhouse gas assessment permit has a side in common with at least one State/Territory block of the relevant area of the State/Territory greenhouse gas assessment title; and

  (d)   the permittee has informed the responsible Commonwealth Minister, under section   451A, that:

  (i)   a part of a geological formation is wholly situated in the area (the combined area ) that consists of the combination of the permit area of the existing greenhouse gas assessment permit and the relevant area of the existing State/Territory greenhouse gas assessment title; and

  (ii)   the part extends to the permit area of the existing greenhouse gas assessment permit and the relevant area of the existing State/Territory greenhouse gas assessment title; and

  (iii)   the permittee has reasonable grounds to suspect that the part   could be an eligible greenhouse gas storage formation; and

  (e)   there is no identified greenhouse gas storage formation that is wholly situated within the permit area of the existing greenhouse gas assessment permit; and

  (f)   there is no State/Territory identified greenhouse gas storage formation that is wholly situated within the relevant area of the existing State/Territory greenhouse gas assessment title; and

  (g)   if the existing greenhouse gas assessment permit is an original greenhouse gas assessment permit--the existing State/Territory greenhouse gas assessment title is an original State/Territory greenhouse gas assessment title; and

  (h)   if the existing greenhouse gas assessment permit was granted by way of first renewal--the existing State/Territory greenhouse gas assessment title was granted by way of first renewal; and

  (i)   if the existing greenhouse gas assessment permit was granted by way of second renewal--the existing State/Territory greenhouse gas assessment title was granted by way of second renewal; and

  (j)   either:

  (i)   in a case where the relevant area of the existing State/Territory greenhouse gas assessment title is in the coastal waters of a State--the State has a compatible cross - boundary law; or

  (ii)   in a case where the relevant area of the existing State/Territory greenhouse gas assessment title is in the coastal waters of the Northern Territory--the Northern Territory has a compatible cross - boundary law.

Application

  (2)   The permittee of the existing greenhouse gas assessment permit may apply to the Titles Administrator for the grant by the Cross - boundary Authority of a greenhouse gas assessment permit over:

  (a)   all the blocks in the permit area of the existing greenhouse gas assessment permit; and

  (b)   all the State/Territory blocks in the relevant area of the existing State/Territory greenhouse gas assessment title.

  (3)   An application under subsection   (2) for a greenhouse gas assessment permit must:

  (a)   be in the approved form; and

  (b)   be accompanied by any information or documents required by the form.

  (3A)   If the approved form requires the application to be accompanied by information or documents, an application under subsection   (2) is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the earlier of the following:

  (a)   the expiry date of the existing greenhouse gas assessment permit;

  (b)   the expiry date of the existing State/Territory greenhouse gas assessment title.

  (3B)   For the purposes of subsection   (3A), disregard the effect of subsection   (4).

Note 1:   Part   3.8 contains additional provisions about application procedures.

Note 2:   Section   427 requires the application to be accompanied by an application fee.

Note 3:   Section   429A enables the Titles Administrator to require the applicant to give further information.

Extension of duration of existing greenhouse gas assessment permit pending decision on application

  (4)   If:

  (a)   the permittee of the existing greenhouse gas assessment permit makes an application under subsection   (2) for a greenhouse gas assessment permit; and

  (b)   the existing greenhouse gas assessment permit would, apart from this subsection, expire:

  (i)   before the Cross - boundary Authority grants, or refuses to grant, a greenhouse gas assessment permit in response to the application; or

  (ii)   before the application lapses as provided by section   431A;

the existing greenhouse gas assessment permit continues in force:

  (c)   until the Cross - boundary Authority grants, or refuses to grant, a greenhouse gas assessment permit in response to the application; or

  (d)   until the application so lapses;

whichever happens first.

  (5)   Subsection   (4) has effect subject to this Chapter but despite section   293.

Note:   See the notes at the end of section   293.

  (6)   For the purposes of the application to this Division of the definition of Cross - boundary Authority in section   7, the offshore area concerned is the offshore area in which the existing greenhouse gas assessment permit is situated.

  (7)   Subsection   (6) is enacted for the avoidance of doubt.