Commonwealth Consolidated Acts

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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 398

Recovery of the Commonwealth's costs and expenses

Scope

  (1)   This section applies if:

  (a)   a site closing certificate is in force in relation to an identified greenhouse gas storage formation; and

  (b)   the Commonwealth incurs reasonable costs or expenses in carrying out the program specified in the pre - certificate notice for the site closing certificate.

Recovery of costs and expenses

  (2)   The costs or expenses:

  (a)   are a debt due to the Commonwealth by the holder of the certificate; and

  (b)   are recoverable in:

  (i)   the Federal Court; or

  (ii)   the Federal Circuit and Family Court of Australia (Division   2); or

  (iii)   a court of a State or Territory that has jurisdiction in relation to the matter.

  (3)   The total of the costs and expenses recoverable under subsection   (2) must not exceed the estimate set out in the pre - certificate notice.



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