Commonwealth Consolidated Acts Commonwealth Consolidated ActsScope
(1) This section applies if an application to renew a greenhouse gas assessment permit has been made under section 308.
Offer document--compliance with conditions etc.
(2) If:
(a) each of the following has been complied with:
(i) the conditions to which the greenhouse gas assessment permit is, or has from time to time been, subject;
(ii) the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1;
(iii) the provisions of the regulations; and
(b) during the period when the permit was in force, at least one notice was given under section 451 about a part of a geological formation wholly situated in the permit area; and
(c) the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant 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; and
(d) the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;
the responsible Commonwealth Minister must give the applicant a written notice (called an offer document ) telling the applicant that the responsible Commonwealth Minister is prepared to renew the permit.
Note: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Offer document--non - compliance with conditions etc.
(3) If:
(a) any of:
(i) the conditions to which the greenhouse gas assessment permit is, or has from time to time been, subject; or
(ii) the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1; or
(iii) the provisions of the regulations;
have not been complied with; and
(b) in a case where:
(i) the permit is a work - bid greenhouse gas assessment permit; and
(ii) the permit is subject to one or more conditions of the kind mentioned in subsection 291(5); and
(iii) one or more of those conditions have not been complied with;
the responsible Commonwealth Minister is satisfied that the non - compliance is attributable to unavoidable delays caused by the unavailability of essential services or essential equipment, or both; and
(c) the responsible Commonwealth Minister is satisfied that there are sufficient grounds to warrant the granting of the renewal of the greenhouse gas assessment permit;
the responsible Commonwealth Minister may give the applicant a written notice (called an offer document ) telling the applicant that the responsible Commonwealth Minister is prepared to renew the permit.
Note: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
(3A) Without limiting paragraph (3)(c), in deciding whether to be satisfied that there are sufficient grounds to warrant the granting of the renewal of the permit, the responsible Commonwealth Minister must have regard to:
(a) whether the technical advice and financial resources available to the applicant 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; and
(b) any other matters prescribed by the regulations.
Offer document--no section 451 notice
(4) If:
(a) each of the following has been complied with:
(i) the conditions to which the greenhouse gas assessment permit is, or has from time to time been, subject;
(ii) the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1;
(iii) the provisions of the regulations; and
(b) during the period when the greenhouse gas assessment permit was in force, no notice under section 451 was given about a part of a geological formation wholly situated in the permit area; and
(c) the responsible Commonwealth Minister is satisfied that there are sufficient grounds to warrant the granting of the renewal of the greenhouse gas assessment permit;
the responsible Commonwealth Minister may give the applicant a written notice (called an offer document ) telling the applicant that the responsible Commonwealth Minister is prepared to renew the permit.
Note: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
(4A) Without limiting paragraph (4)(c), in deciding whether to be satisfied that there are sufficient grounds to warrant the granting of the renewal of the permit, the responsible Commonwealth Minister must have regard to:
(a) whether the technical advice and financial resources available to the applicant 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; and
(b) any other matters prescribed by the regulations.
Work program condition
(5) For the purposes of this section, if:
(a) the greenhouse gas assessment permit is subject to a condition requiring the permittee to carry out work in, or in relation to, the permit area during a particular period; and
(b) the application for renewal of the permit was made during that period;
then, in determining whether the condition has been complied with, assume that the period had ended immediately before the application for renewal was made.