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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 342A

Application for special cross - boundary greenhouse gas holding lease by an unsuccessful applicant for a cross - boundary greenhouse gas injection licence

  (1)   If:

  (a)   either of the following is in force:

  (i)   a cross - boundary greenhouse gas assessment permit;

  (ii)   a cross - boundary greenhouse gas holding lease (other than a special cross - boundary greenhouse gas holding lease); and

  (b)   one or more identified greenhouse gas storage formations are wholly situated in the permit area or lease area; and

  (c)   either:

  (i)   in a case where part of the permit area or lease area is in the coastal waters of a State--the State has a compatible cross - boundary law; or

  (ii)   in a case where part of the permit area or lease area is in the coastal waters of the Northern Territory--the Northern Territory has a compatible cross - boundary law; and

  (d)   the permittee or lessee makes an application under section   368A for the grant of a greenhouse gas injection licence over the block or blocks in which the identified greenhouse gas storage formation or formations are wholly situated; and

  (e)   if the applicant holds a cross - boundary greenhouse gas assessment permit--the Cross - boundary Authority refuses to grant the greenhouse gas injection licence on a ground covered by paragraph   368B(1)(c), (d), (e), (f), (g), (h), (i) or (ja); and

  (f)   if the applicant holds a cross - boundary greenhouse gas holding lease--the Cross - boundary Authority refuses to grant the greenhouse gas injection licence on a ground covered by paragraph   368B(2)(c), (d), (e), (f), (g), (h), (i) or (ja);

the permittee or lessee may, within the application period, apply to the Titles Administrator for the grant by the Cross - boundary Authority of a special cross - boundary greenhouse gas holding lease over the block or blocks covered by the unsuccessful application for the greenhouse gas injection licence.

Note:   For application period , see subsection   (3).

  (2)   An application under this section must:

  (a)   be in the approved form; and

  (b)   be accompanied by any information or documents required by the form.

  (2A)   If the approved form requires the application to be accompanied by information or documents, an application under this section   is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the application period.

Note 1:   Part   3.8 contains additional provisions about application procedures.

Note 2:   Section   427 requires the application to be accompanied by an application fee.

Note 3:   Section   429A enables the Titles Administrator to require the applicant to give further information.

Application period

  (3)   The application period for an application under this section by a permittee or lessee is the period of 90 days that began on the day on which the permittee or lessee was notified of the refusal to grant the greenhouse gas injection licence.

Variation of application

  (4)   At any time before an offer document relating to the application is given to the applicant, the applicant may, by written notice given to the Cross - boundary Authority, vary the application.

  (5)   A variation of an application must be made in an approved manner.

  (6)   A variation of an application may be made:

  (a)   on the applicant's own initiative; or

  (b)   at the request of the Cross - boundary Authority.

  (7)   A variation of an application may set out any additional matters that the applicant wishes to be considered.

  (8)   If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.

  (9)   The Titles Administrator must publish on the Titles Administrator's website a copy of the instrument of approval referred to in subsection   (5).


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