Commonwealth Consolidated Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 336

  (1)   If:

  (a)   either of the following is in force:

  (i)   a greenhouse gas assessment permit (other than a cross - boundary greenhouse gas assessment permit);

  (ii)   a greenhouse gas holding lease (other than a special greenhouse gas holding lease or a cross - boundary greenhouse gas holding lease); and

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

  (c)   the permittee or lessee makes an application under section   361 for the grant of a greenhouse gas injection licence over the block or blocks in which the identified greenhouse gas storage formation or formations are wholly situated; and

  (d)   if the applicant holds a greenhouse gas assessment permit--the responsible Commonwealth Minister refuses to grant the greenhouse gas injection licence on a ground covered by paragraph   362(1)(c), (d), (e), (f), (g) or (i); and

  (e)   if the applicant holds a greenhouse gas holding lease--the responsible Commonwealth Minister refuses to grant the greenhouse gas injection licence on a ground covered by paragraph   362(2)(c), (d), (e), (f), (g) or (i);

the permittee or lessee may, within the application period, apply to the responsible Commonwealth Minister for the grant of a special greenhouse gas holding lease over the block or blocks covered by the unsuccessful application for the greenhouse gas injection licence.

Note:   For application period , see subsection   (3).

  (2)   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.

  (2A)   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

  (3)   The application period for an application under this section by a permittee or lessee is the period of 90 days that began on the day on which the permittee or lessee was notified of the refusal to grant the greenhouse gas injection licence.

Variation of application

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

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

  (6)   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.

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

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

  (9)   The Titles Administrator must publish on the Titles Administrator's website a copy of the instrument of approval referred to in subsection   (5).