Commonwealth Consolidated Acts Commonwealth Consolidated ActsScope
(1) This section applies if an application to renew a greenhouse gas assessment permit has been made under section 308.
Refusal to renew
(2) If:
(a) any of:
(i) the conditions to which the greenhouse gas assessment permit is, or has from time to time been, subject; or
(ii) the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1; or
(iii) the provisions of the regulations;
have not been complied with; and
(b) in a case where:
(i) the permit is a work - bid greenhouse gas assessment permit; and
(ii) the permit is subject to one or more conditions of the kind mentioned in subsection 291(5); and
(iii) one or more of those conditions have not been complied with;
the responsible Commonwealth Minister is not satisfied that the non - compliance is attributable to unavoidable delays caused by the unavailability of essential services or essential equipment or both; and
(c) the responsible Commonwealth Minister is not satisfied that there are sufficient grounds to warrant the granting of the renewal of the greenhouse gas assessment permit;
the responsible Commonwealth Minister must, by written notice given to the applicant, refuse to renew the permit.
Note: Consultation procedures apply--see section 434.
(3) If:
(a) each of the following has been complied with:
(i) the conditions to which the greenhouse gas assessment permit is, or has from time to time been, subject;
(ii) the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1;
(iii) the provisions of the regulations; and
(b) during the period when the permit was in force, no notice was given under section 451 about a part of a geological formation wholly situated in the permit area; and
(c) the responsible Commonwealth Minister is not satisfied that there are sufficient grounds to warrant the granting of the renewal of the greenhouse gas assessment permit;
the responsible Commonwealth Minister must, by written notice given to the applicant, refuse to renew the permit.
Note: Consultation procedures apply--see section 434.
(3A) The responsible Commonwealth Minister must, by written notice given to the applicant, refuse to renew the permit if the responsible Commonwealth Minister is not satisfied that the technical advice and financial resources available to the applicant are sufficient to:
(a) carry out the operations and works that will be authorised by the permit; and
(b) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit.
Note: Consultation procedures apply--see section 434.
(3B) The responsible Commonwealth Minister may, by written notice given to the applicant, refuse to renew the permit if the responsible Commonwealth Minister is not satisfied of the matters (if any) prescribed by the regulations.
Note: Consultation procedures apply--see section 434.
Work program condition
(4) For the purposes of this section, if;
(a) the greenhouse gas assessment permit is subject to a condition requiring the permittee to carry out work in, or in relation to, the permit area during a particular period; and
(b) the application for renewal of the permit was made during that period;
then, in determining whether the condition has been complied with, assume that the period had ended immediately before the application for renewal was made.