Commonwealth Consolidated Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 311C

Scope

  (1)   This section applies if an application to renew a cross - boundary greenhouse gas assessment permit has been made under section   311A.

Refusal to renew

  (2)   If:

  (a)   any of:

  (i)   the conditions to which the cross - boundary 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 cross - boundary greenhouse gas assessment permit is subject to one or more conditions of the kind mentioned in subsection   291A(5); and

  (ii)   one or more of those conditions have not been complied with;

    the Cross - boundary Authority 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 Cross - boundary Authority is not satisfied that there are sufficient grounds to warrant the granting of the renewal of the cross - boundary greenhouse gas assessment permit;

the Cross - boundary Authority must, by written notice given to the applicant, refuse to renew the permit.

Note:   Consultation procedures apply--see section   434A.

  (2A)   The Cross - boundary Authority must, by written notice given to the applicant, refuse to renew the permit if the Cross - boundary Authority 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   434A.

  (2B)   The Cross - boundary Authority may, by written notice given to the applicant, refuse to renew the permit if the Cross - boundary Authority is not satisfied of the matters (if any) prescribed by the regulations.

Note:   Consultation procedures apply--see section   434A.

Work program condition

  (3)   For the purposes of this section, if:

  (a)   the cross - boundary 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.