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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 316

Responsible Commonwealth Minister may give directions to greenhouse gas assessment permittees

  (1)   The responsible Commonwealth Minister may, by written notice given to a greenhouse gas assessment permittee, give the permittee a direction for the purpose of:

  (a)   eliminating; or

  (b)   mitigating; or

  (c)   managing;

the risk that operations carried on under the permit could have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:

  (d)   an existing petroleum exploration permit; or

  (e)   an existing petroleum retention lease; or

  (f)   an existing petroleum production licence; or

  (g)   a future petroleum exploration permit; or

  (h)   a future petroleum retention lease; or

  (i)   a future petroleum production licence.

  (2)   A direction under this section has effect, and must be complied with, despite:

  (a)   any previous direction under this section; and

  (b)   anything in the regulations (other than prescribed regulations, or a prescribed provision of regulations, made under this Act)   or the applied provisions.

  (3)   A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument as in force or existing at the time when the direction takes effect, so long as the code of practice or standard is relevant to that matter.

  (4)   To avoid doubt, subsection   (3) applies to an instrument, whether issued or made in Australia or outside Australia.

  (5)   A direction under this section may prohibit the doing of an act or thing:

  (a)   unconditionally; or

  (b)   subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.

  (6)   A direction under this section is not a legislative instrument.



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