Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1A) This section does not apply to a cross - boundary greenhouse gas holding lease.
(1) A greenhouse gas holding lessee may apply to the responsible Commonwealth Minister for approval to carry on one or more key greenhouse gas operations under the lease.
(2) If an application for approval is made under subsection (1), the responsible Commonwealth Minister may:
(a) give the approval, with or without conditions to which the approval is subject; or
(b) by written notice given to the applicant, refuse to give the approval.
Responsible Commonwealth Minister must have regard to certain matters
(3) In deciding whether to give the approval, the responsible Commonwealth Minister must comply with subsections (4), (5), (6), (7) and (8).
(4) The responsible Commonwealth Minister must have regard to the impact (if any) that any of those key greenhouse gas operations could have on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(a) an existing petroleum exploration permit; or
(b) an existing petroleum retention lease; or
(c) an existing petroleum production licence; or
(d) a future petroleum exploration permit; or
(e) a future petroleum retention lease; or
(f) a future petroleum production licence.
(5) If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(a) an existing petroleum exploration permit held by a person other than the applicant; or
(b) an existing petroleum retention lease held by a person other than the applicant; or
(c) an existing petroleum production licence held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
(d) whether the registered holder of the petroleum exploration permit, petroleum retention lease or petroleum production licence, as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied; and
(e) if so--the terms of that agreement.
(a) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under:
(i) a future petroleum exploration permit over a block or blocks; or
(ii) a future petroleum retention lease over a block or blocks; or
(iii) a future petroleum production licence over a block or blocks; and
(b) a petroleum exploration permit, petroleum retention lease or petroleum production licence is in force over the block or any of the blocks; and
(c) the petroleum exploration permit, petroleum retention lease or petroleum production licence is held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
(d) whether the registered holder of the petroleum exploration permit, petroleum retention lease or petroleum production licence covered by paragraph (b) has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied; and
(e) if so--the terms of that agreement.
(7) If any of those key greenhouse gas operations is:
(a) an operation to inject, on an appraisal basis, a substance into a part of a geological formation; or
(b) an operation to store, on an appraisal basis, a substance in a part of a geological formation;
the responsible Commonwealth Minister must have regard to the composition of the substance.
(8) The responsible Commonwealth Minister must have regard to the public interest.
(9) Subsections (4), (5), (6) and (7) do not limit subsection (8).
(10) Subsections (4), (5), (6), (7) and (8) do not limit the matters to which the responsible Commonwealth Minister may have regard.
Circumstances in which the approval must not be given
(11) If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(a) an existing pre - commencement petroleum title held by a person other than the applicant; or
(b) an existing post - commencement petroleum production licence held by a person other than the applicant;
the responsible Commonwealth Minister must not give the approval unless the registered holder of the pre - commencement petroleum title, or the post - commencement petroleum production licence, as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied.
(a) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under a future pre - commencement petroleum title over a block or blocks; and
(b) the existing pre - commencement petroleum title in force over the block or any of the blocks is held by a person other than the applicant;
the responsible Commonwealth Minister must not give the approval unless the registered holder of the existing pre - commencement petroleum title has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied.
(13) To avoid doubt, section 319 does not imply that a greenhouse gas holding lessee who applies for approval under subsection (1) of this section is entitled to be given the approval.
(14) For the purposes of this section, disregard a suspension of
rights under section 266.