Commonwealth Consolidated Acts Commonwealth Consolidated ActsScope
(1) This section applies if a declaration is in force under section 312 or 312A in relation to a part of a geological formation.
Variation of declaration
(2) The responsible Commonwealth Minister may, by writing, vary the declaration.
(3) A variation of the declaration may be made:
(a) if the part is wholly situated in:
(i) the permit area of a greenhouse gas assessment permit; or
(ii) the lease area of a greenhouse gas holding lease; or
(iii) the licence area of a greenhouse gas injection licence; or
(iv) the licence area of a petroleum production licence; or
(v) the lease area of a petroleum retention lease;
on the application of the registered holder of the permit, lease or licence; or
(b) on the responsible Commonwealth Minister's own initiative.
Application for variation
(4) An application for a variation of the declaration must:
(a) set out the proposed variation; and
(b) specify the reasons for the proposed variation.
Criteria
(5) In deciding whether to vary the declaration, the responsible Commonwealth Minister must have regard to:
(a) any new information; and
(b) any new analysis; and
(c) any relevant scientific or technological developments; and
(d) such other matters (if any) as the responsible Commonwealth Minister considers relevant.
Consultation
(6) Before varying a declaration under subsection (2) on the responsible Commonwealth Minister's own initiative, the responsible Commonwealth Minister must consult:
(a) if the part is wholly situated in the permit area of a greenhouse gas assessment permit--the permittee; or
(b) if the part is wholly situated in the lease area of a greenhouse gas holding lease--the lessee; or
(c) if the part is wholly situated in the licence area of a greenhouse gas injection licence--the licensee; or
(d) if the part is wholly situated in the licence area of a petroleum production licence--the licensee; or
(e) if the part is wholly situated in the lease area of a petroleum retention lease--the lessee.
Publication
(7) A copy of a variation under subsection (2) must be published in the Gazette .
Varied declarations
(8) If a declaration in force under section 312 or 312A is varied, a reference in this Act to the declaration is a reference to the declaration as varied.