Commonwealth Consolidated Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 311B

Scope

  (1)   This section applies if an application to renew a cross - boundary greenhouse gas assessment permit has been made under section   311A.

Offer document--compliance with conditions etc.

  (2)   If:

  (a)   each of the following has been complied with:

  (i)   the conditions to which the cross - boundary 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)   the Cross - boundary Authority 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

  (c)   the Cross - boundary Authority is satisfied of the matters (if any) prescribed by the regulations;

the Cross - boundary Authority must give the applicant a written notice (called an offer document ) telling the applicant that the Cross - boundary Authority is prepared to renew the permit, so long as:

  (d)   in a case where part of the permit area is in the coastal waters of a State--the State has consented to the giving of the offer document; or

  (e)   in a case where part of the permit area is in the coastal waters of the Northern Territory--the Northern Territory has consented to the giving of the offer document.

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 cross - boundary 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 subject to one or more conditions of the kind mentioned in subsection   291A(5); and

  (ii)   one or more of those conditions have not been complied with;

    the Cross - boundary Authority 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 Cross - boundary Authority is satisfied that there are sufficient grounds to warrant the granting of the renewal of the cross - boundary greenhouse gas assessment permit;

the Cross - boundary Authority may give the applicant a written notice (called an offer document ) telling the applicant that the Cross - boundary Authority is prepared to renew the permit.

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:   See also section   76D.

  (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 Cross - boundary Authority 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

  (4)   For the purposes of this section, if:

  (a)   the cross - boundary 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.