Commonwealth Consolidated Acts Commonwealth Consolidated ActsScope
(1) This section applies if:
(a) a cross - boundary greenhouse gas assessment permit is in force; and
(b) the permittee has reasonable grounds to believe that:
(i) a part of a geological formation is an eligible greenhouse gas storage formation; and
(ii) the part is wholly situated in the permit area; and
(iii) the part extends to the permit area of the precursor greenhouse gas assessment permit and the relevant area of the precursor State/Territory greenhouse gas assessment title; and
(c) there is no identified greenhouse gas storage formation wholly situated within the permit area of the precursor greenhouse gas assessment permit; and
(d) there is no State/Territory identified greenhouse gas storage formation wholly situated within the relevant area of the precursor State/Territory greenhouse gas assessment title.
Note 1: For precursor greenhouse gas assessment permit , see subsection (16).
Note 2: For precursor State/Territory greenhouse gas assessment title , see subsection (17).
Application for declaration of identified greenhouse gas storage formation
(2) The permittee may apply to the responsible Commonwealth Minister for the declaration of the part referred to in paragraph (1)(b) as an identified greenhouse gas storage formation.
(3) An application under this section must set out:
(a) the applicant's reasons for believing that the part referred to in paragraph (1)(b) is an eligible greenhouse gas storage formation; and
(b) assuming that the part referred to in paragraph (1)(b) is an eligible greenhouse gas storage formation:
(i) the fundamental suitability determinants of the eligible greenhouse gas storage formation; and
(ii) an estimate of the spatial extent of the eligible greenhouse gas storage formation; and
(c) such other information (if any) as is specified in the regulations.
(4) An estimate of spatial extent must comply with such requirements as are specified in the regulations.
Requirement to give further information or carry out further analysis
(5) The responsible Commonwealth Minister may, by written notice given to the applicant, require the applicant:
(a) to give the responsible Commonwealth Minister, within the period specified in the notice, further information in connection with the application; or
(b) to:
(i) carry out such further analysis of relevant information as is specified in the notice; and
(ii) give the responsible Commonwealth Minister, within the period specified in the notice, a written report of the results of that analysis.
(6) If the applicant breaches a requirement under subsection (5), the responsible Commonwealth Minister may, by written notice given to the applicant:
(a) refuse to consider the application; or
(b) refuse to take any action, or any further action, in relation to the application.
Variation of application
(7) At any time before the responsible Commonwealth Minister makes a decision on an application under this section, the applicant may, by written notice given to the responsible Commonwealth Minister, vary:
(a) any or all of the fundamental suitability determinants specified in the application; or
(b) the spatial extent estimated in the application.
(8) A variation of an application must be made in an approved manner.
(9) 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.
(10) If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.
(10A) The Titles Administrator must publish on the Titles Administrator's website a copy of the instrument of approval referred to in subsection (8).
Declaration
(11) If:
(a) an application is made under this section in relation to a part of a geological formation; and
(b) the responsible Commonwealth Minister is satisfied that, using the fundamental suitability determinants set out in the application:
(i) that part is an eligible greenhouse gas storage formation; and
(ii) the estimate of the spatial extent set out in the application is a reasonable estimate of the spatial extent of the eligible greenhouse gas storage formation;
the responsible Commonwealth Minister must, by writing:
(c) declare that part to be an identified greenhouse gas storage formation for the purposes of this Act; and
(d) declare that, for the purposes of this Act, the spatial extent of the identified greenhouse gas storage formation is the spatial extent estimated in the application; and
(e) declare that the fundamental suitability determinants specified in the application are the fundamental suitability determinants of the identified greenhouse gas storage formation for the purposes of this Act.
(12) A declaration under paragraph (11)(d) must set out the estimate of the spatial extent specified in the application.
(13) A declaration under paragraph (11)(e) must set out the fundamental suitability determinants specified in the application.
(14) A copy of a declaration under subsection (11) must be published in the Gazette.
Refusal to make declaration
(15) If:
(a) an application is made under this section in relation to a part of a geological formation; and
(b) the responsible Commonwealth Minister is not required by subsection (11) to make declarations under that subsection in relation to that part;
the responsible Commonwealth Minister must, by written notice given to the applicant, refuse to declare that part to be an identified greenhouse gas storage formation.
Precursor greenhouse gas assessment permit
(16) For the purposes of this section, if an original cross - boundary greenhouse gas assessment permit was granted in response to an application under section 307A, the existing greenhouse gas assessment permit mentioned in section 307A is the precursor greenhouse gas assessment permit in relation to:
(a) the original cross - boundary greenhouse gas assessment permit; and
(b) a cross - boundary greenhouse gas assessment permit that was granted by way of the renewal of the original cross - boundary greenhouse gas assessment permit.
Precursor State/Territory greenhouse gas assessment title
(17) For the purposes of this section, if an original cross - boundary greenhouse gas assessment permit was granted in response to an application under section 307A, the existing State/Territory greenhouse gas assessment title mentioned in section 307A is the precursor State/Territory greenhouse gas assessment title in relation to:
(a) the original cross - boundary greenhouse gas assessment permit; and
(b) a cross - boundary greenhouse gas assessment permit that was granted by way of the renewal of the original cross - boundary greenhouse gas assessment permit.