Commonwealth Consolidated Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 306

Scope

  (1)   This section applies if:

  (a)   the responsible Commonwealth Minister publishes a notice under subsection   303(1) inviting applications for the grant of a greenhouse gas assessment permit over a block or blocks; and

  (b)   at the end of the period specified in the notice, 2 or more applications have been made under section   303 in relation to the block or blocks.

Rejection of applications

  (2)   The responsible Commonwealth Minister may reject any or all of the applications.

Unrejected applications

  (3)   If the responsible Commonwealth Minister does not reject all of the applications, the table has effect:

 

Unrejected applications
Item	If...	the responsible Commonwealth Minister may give a written notice (called an offer document ) to...
1	only one application remains unrejected	the applicant.
2	(a) 2 or more applications remain unrejected; and (b) the amounts specified in the applications under paragraph   303(6)(b) are equal	one of those applicants.
3	(a) 2 or more applications remain unrejected; and (b) the amounts specified in the applications under paragraph   303(6)(b) are not equal; and (c) the amount specified in one of the applications is higher than the amount or amounts specified in the remaining application or applications	whichever of those applicants specified the highest amount.
4	(a) 3 or more applications remain unrejected; and (b) 2 or more of the amounts specified in the applications under paragraph   303(6)(b) are: (i) equal; and (ii) higher than the amount or amounts specified in the remaining application or applications	one of the applicants who specified the equal highest amount.

  (3A)   In deciding whether to give an offer document to the person referred to in column 3 of the table in subsection   (3), the responsible Commonwealth Minister:

  (a)   must have regard to:

  (i)   the matters specified in the notice under paragraph   303(3)(b); and

  (ii)   the matters specified in subsection   (3B); and

  (b)   may have regard to any other matters the responsible Commonwealth Minister considers relevant.

  (3B)   The matters are as follows:

  (a)   whether the technical advice and financial resources available to the person are sufficient to:

  (i)   carry out the operations and works that will be authorised by the permit; and

  (ii)   discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit;

  (b)   the matters specified in section   695YB as they apply to the person;

  (c)   if the person is a body corporate--the matters specified in section   695YB as they apply to an officer of the body corporate;

  (d)   any other matters prescribed by the regulations.

  (4)   An offer document given to an applicant must tell the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a greenhouse gas assessment permit over the block or blocks.

Note 1:   Section   430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).

Note 2:   If an applicant breaches a requirement under section   429 to provide further information, the responsible Commonwealth Minister may refuse to give the applicant an offer document--see subsection   429(3).

  (5)   If:

  (a)   an applicant is given an offer document under this section; and

  (b)   the application lapses as provided by section   431, 432 or 433; and

  (c)   there are one or more remaining unrejected applications;

subsections   (3) and (4) of this section apply in relation to the remaining unrejected applications.

Unsuccessful applications

  (6)   If the responsible Commonwealth Minister does not give an offer document to an applicant, the responsible Commonwealth Minister must, by written notice given to the applicant, inform the applicant that the application was unsuccessful.