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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 343

Application for greenhouse gas holding lease by the holder of a petroleum retention lease

Scope

  (1)   This section applies if:

  (a)   a petroleum retention lease is in force; and

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

Single identified greenhouse gas storage formation

  (1A)   If:

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

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

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

  (b)   none of the following is in force over the block or blocks to which the identified greenhouse gas storage formation extends:

  (i)   a greenhouse gas injection licence;

  (ii)   a greenhouse gas holding lease;

  (iii)   a greenhouse gas assessment permit;

the petroleum retention lessee may 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.

Multiple identified greenhouse gas storage formations

  (1B)   If:

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

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

  (c)   none of the following is in force over the block to which the identified greenhouse gas storage formations, when considered together, extend:

  (i)   a greenhouse gas injection licence;

  (ii)   a greenhouse gas holding lease;

  (iii)   a greenhouse gas assessment permit;

the petroleum retention lessee may 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.

  (1C)   If:

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

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

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

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

  (c)   none of the following is in force over the block or blocks to which the identified greenhouse gas storage formations, when considered together, extend:

  (i)   a greenhouse gas injection licence;

  (ii)   a greenhouse gas holding lease;

  (iii)   a greenhouse gas assessment permit;

the petroleum retention lessee may 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.

  (1D)   If:

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

  (d)   none of the following is in force over the blocks to which the identified greenhouse gas storage formations, when considered together, extend:

  (i)   a greenhouse gas injection licence;

  (ii)   a greenhouse gas holding lease;

  (iii)   a greenhouse gas assessment permit;

the petroleum retention lessee may 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.

  (1E)   For the purposes of subsection   (1D), 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

  (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 10 - day period that began on the day after the application was made.

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.

Variation of application

  (3)   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.

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

  (5)   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.

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

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

  (8)   The Titles Administrator must publish on the Titles Administrator's website a copy of the instrument of approval referred to in subsection   (4).



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