Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A cross - boundary greenhouse gas holding lessee may apply to the responsible Commonwealth Minister for approval to carry on one or more key greenhouse gas operations under the lease.
(2) If an application for approval is made under subsection (1), the responsible Commonwealth Minister may:
(a) give the approval, with or without conditions to which the approval is subject; or
(b) by written notice given to the applicant, refuse to give the approval.
Responsible Commonwealth Minister must have regard to certain matters
(3) In deciding whether to give the approval, the responsible Commonwealth Minister must comply with subsections (4), (5), (6), (7) and (8).
(4) The responsible Commonwealth Minister must have regard to the impact (if any) that any of those key greenhouse gas operations could have on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(a) an existing petroleum exploration permit; or
(b) an existing petroleum retention lease; or
(c) an existing petroleum production licence; or
(d) a future petroleum exploration permit; or
(e) a future petroleum retention lease; or
(f) a future petroleum production licence; or
(g) an existing State/Territory petroleum exploration title; or
(h) an existing State/Territory petroleum retention title; or
(i) an existing State/Territory petroleum production title; or
(j) a future State/Territory petroleum exploration title; or
(k) a future State/Territory petroleum retention title; or
(l) a future State/Territory petroleum production title.
(5) If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(a) an existing petroleum exploration permit held by a person other than the applicant; or
(b) an existing petroleum retention lease held by a person other than the applicant; or
(c) an existing petroleum production licence held by a person other than the applicant; or
(d) an existing State/Territory petroleum exploration title held by a person other than the applicant; or
(e) an existing State/Territory petroleum retention title held by a person other than the applicant; or
(f) an existing State/Territory petroleum production title held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
(g) whether:
(i) the registered holder of the petroleum exploration permit; or
(ii) the registered holder of the petroleum retention lease; or
(iii) the registered holder of the petroleum production licence; or
(iv) the holder of the State/Territory petroleum exploration title; or
(v) the holder of the State/Territory petroleum retention title; or
(vi) the holder of the State/Territory petroleum production title;
as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied; and
(h) if so--the terms of that agreement.
(6) If:
(a) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under:
(i) a future petroleum exploration permit over a block or blocks; or
(ii) a future petroleum retention lease over a block or blocks; or
(iii) a future petroleum production licence over a block or blocks; or
(iv) a future State/Territory petroleum exploration title over a State/Territory block or State/Territory blocks; or
(v) a future State/Territory petroleum retention title over a State/Territory block or State/Territory blocks; or
(vi) a future State/Territory petroleum production title over a State/Territory block or State/Territory blocks; and
(b) either:
(i) a petroleum exploration permit, petroleum retention lease or petroleum production licence is in force over the block or any of the blocks; or
(ii) a State/Territory petroleum exploration title, State/Territory petroleum retention title or State/Territory petroleum production title is in force over the State/Territory block or any of the State/Territory blocks; and
(c) the petroleum exploration permit, petroleum retention lease, petroleum production licence, State/Territory petroleum exploration title, State/Territory petroleum retention title or State/Territory petroleum production title is held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
(d) whether:
(i) the registered holder of the petroleum exploration permit covered by paragraph (b); or
(ii) the registered holder of the petroleum retention lease covered by paragraph (b); or
(iii) the registered holder of the petroleum production licence covered by paragraph (b); or
(iv) the holder of the State/Territory petroleum exploration title covered by paragraph (b); or
(v) the holder of the State/Territory petroleum retention title covered by paragraph (b); or
(vi) the holder of the State/Territory petroleum production title covered by paragraph (b);
as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied; and
(e) if so--the terms of that agreement.
(7) If any of those key greenhouse gas operations is:
(a) an operation to inject, on an appraisal basis, a substance into a part of a geological formation; or
(b) an operation to store, on an appraisal basis, a substance in a part of a geological formation;
the responsible Commonwealth Minister must have regard to the composition of the substance.
(8) The responsible Commonwealth Minister must have regard to the public interest.
(9) Subsections (4), (5), (6) and (7) do not limit subsection (8).
(10) Subsections (4), (5), (6), (7) and (8) do not limit the matters to which the responsible Commonwealth Minister may have regard.
Circumstances in which the approval must not be given
(11) If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(a) an existing pre - commencement petroleum title held by a person other than the applicant; or
(b) an existing post - commencement petroleum production licence held by a person other than the applicant; or
(c) an existing pre - commencement State/Territory petroleum title held by a person other than the applicant; or
(d) an existing post - commencement State/Territory petroleum production title held by a person other than the applicant;
the responsible Commonwealth Minister must not give the approval unless:
(e) the registered holder of the pre - commencement petroleum title; or
(f) the registered holder of the post - commencement petroleum production licence; or
(g) the holder of the pre - commencement State/Territory petroleum title; or
(h) the holder of the post - commencement State/Territory petroleum production title;
as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied.
(12) If:
(a) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under:
(i) a future pre - commencement petroleum title over a block or blocks; or
(ii) a future pre - commencement State/Territory petroleum title over a State/Territory block or State/Territory blocks; and
(b) if subparagraph (a)(i) applies--the existing pre - commencement petroleum title in force over the block or any of the blocks is held by a person other than the applicant; and
(c) if subparagraph (a)(ii) applies--the existing pre - commencement State/Territory petroleum title in force over the State/Territory block or any of the State/Territory blocks is held by a person other than the applicant;
the responsible Commonwealth Minister must not give the approval unless:
(d) the registered holder of the existing pre - commencement petroleum title; or
(e) the holder of the existing pre - commencement State/Territory petroleum title;
as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied.
No right to an approval
(13) To avoid doubt, section 319 does not imply that a cross - boundary greenhouse gas holding lessee who applies for approval under subsection (1) of this section is entitled to be given the approval.
Suspension of rights
(14) For the purposes of this section, disregard a suspension of rights under:
(a) section 266; or
(b) a provision of a law of a State or Territory that corresponds to section 266.