Commonwealth Consolidated Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 324

Scope

  (1)   This section applies if:

  (a)   a greenhouse gas assessment permit (other than a cross - boundary greenhouse gas assessment permit) is in force; and

  (b)   one or more identified greenhouse gas storage formations are wholly situated in the permit area.

Single identified greenhouse gas storage formation

  (2)   If a single identified greenhouse gas storage formation extends to:

  (a)   only one block in the permit area; or

  (b)   2 or more blocks in the permit area;

the permittee may, within the application period, apply to the responsible Commonwealth Minister for the grant of a greenhouse gas holding lease over the block or blocks to which the identified greenhouse gas storage formation extends.

Note:   For application period , see subsection   (8).

Multiple identified greenhouse gas storage formations

  (3)   If:

  (a)   2 or more identified greenhouse gas storage formations, when considered together, extend to only one block in the permit area; and

  (b)   a vertical line would not pass through a point in each of those identified greenhouse gas storage formations;

the permittee may, within the application period, apply to the responsible Commonwealth Minister for the grant of a greenhouse gas holding lease over the block to which the identified greenhouse gas storage formations, when considered together, extend.

Note:   For application period , see subsection   (8).

  (4)   If:

  (a)   2 or more identified greenhouse gas storage formations, when considered together, extend to:

  (i)   only one block in the permit area; or

  (ii)   2 or more blocks in the permit area; and

  (b)   a vertical line would pass through a point in each of those identified greenhouse gas storage formations;

the permittee may, within the application period, apply to the responsible Commonwealth Minister for the grant of a greenhouse gas holding lease over the block or blocks to which the identified greenhouse gas storage formations, when considered together, extend.

Note:   For application period , see subsection   (8).

  (5)   If:

  (a)   2 or more identified greenhouse gas storage formations, when considered together, extend to 2 or more blocks in the permit area; and

  (b)   a vertical line would not pass through a point in each of those identified greenhouse gas storage formations; and

  (c)   for each identified greenhouse gas storage formation, at least one of the blocks to which the identified greenhouse gas storage formation extends immediately adjoins a block to which the other, or another, of those identified greenhouse gas storage formations extends;

the permittee may, within the application period, apply to the responsible Commonwealth Minister for the grant of a greenhouse gas holding lease over the blocks to which the identified greenhouse gas storage formations, when considered together, extend.

Note:   For application period , see subsection   (8).

  (6)   For the purposes of subsection   (5), a block immediately adjoins another block if the graticular section that constitutes or includes that block and the graticular section that constitutes or includes that other block:

  (a)   have a side in common; or

  (b)   are joined together at one point only.

Application

  (7)   An application under this section must:

  (a)   be in the approved form; and

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

  (7A)   If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the end of the application period.

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   429 enables the responsible Commonwealth Minister to require the applicant to give further information.

Application period

  (8)   The application period for an application under this section is:

  (a)   the period of 12 months after:

  (i)   if there is a single identified greenhouse gas storage formation--the day on which the declaration of the identified greenhouse gas storage formation was made by the responsible Commonwealth Minister; or

  (ii)   if there are 2 or more identified greenhouse gas storage formations--the earliest day on which a declaration of any of the identified greenhouse gas storage formations was made by the responsible Commonwealth Minister; or

  (b)   such longer period, not more than 180 days after that day, as the responsible Commonwealth Minister allows.

  (9)   The responsible Commonwealth Minister may allow a longer period under paragraph   (8)(b) only on written application made by the permittee within the period of 12 months mentioned in paragraph   (8)(a).

Variation of application

  (10)   At any time before an offer document, or notice of refusal, relating to the application is given to the applicant, the applicant may, by written notice given to the responsible Commonwealth Minister, vary the application.

  (11)   A variation of an application must be made in an approved manner.

  (12)   A variation of an application may be made:

  (a)   on the applicant's own initiative; or

  (b)   at the request of the responsible Commonwealth Minister.

  (13)   A variation of an application may set out any additional matters that the applicant wishes to be considered.

  (14)   If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.

  (15)   The Titles Administrator must publish on the Titles Administrator's website a copy of the instrument of approval referred to in subsection   (11).