Commonwealth Consolidated Acts Commonwealth Consolidated ActsScope
(1) This section applies if an application to renew a greenhouse gas holding lease has been made under section 350A.
Refusal on grounds of non - compliance with conditions
(2) If:
(a) any of:
(i) the conditions to which the greenhouse gas holding lease 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) the Cross - boundary Authority is not satisfied that there are sufficient grounds to warrant the granting of the renewal of the greenhouse gas holding lease;
the Cross - boundary Authority must, by written notice given to the applicant, refuse to renew the lease.
Note: Consultation procedures apply--see section 434A.
Refusal on grounds that the applicant is in a position to inject and permanently store a greenhouse gas substance
(3) If the Cross - boundary Authority is satisfied that the applicant is, at the time of the application, in a position to:
(a) inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
(b) permanently store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned;
the Cross - boundary Authority must, by written notice given to the applicant, refuse to renew the lease.
Note: Consultation procedures apply--see section 434A.
(4) If:
(a) the Cross - boundary Authority makes a decision under subsection (3) refusing to renew the lease; and
(b) a notice of refusal is given to the applicant; and
(c) within 12 months after the notice was given, the lessee applies for a greenhouse gas injection licence over one or more of the blocks comprised in the lease; and
(d) the lease would, apart from this subsection, expire:
(i) before the Cross - boundary Authority grants, or refuses to grant, the greenhouse gas injection licence; or
(ii) before the application lapses;
the lease continues in force until:
(e) the Cross - boundary Authority grants, or refuses to grant, the greenhouse gas injection licence; or
(f) the application lapses;
whichever happens first.
(5) If:
(a) the Cross - boundary Authority makes a decision under subsection (3) refusing to renew the lease; and
(b) a notice of refusal is given to the applicant; and
(c) subsection (4) does not apply; and
(d) the lease would, apart from this subsection, expire within 12 months after the notice was given;
the lease continues in force until the end of the 12 - month period beginning on the day on which the notice was given.
(6) Subsections (4) and (5) have effect subject to this Chapter but despite section 322.
Note: See the notes at the end of section 322.
Refusal on other grounds
(7) The Cross - boundary Authority must, by written notice given to the applicant, refuse to renew the lease if the Cross - boundary Authority is not satisfied that the technical advice and financial resources available to the applicant are sufficient to:
(a) carry out the operations and works that will be authorised by the lease; and
(b) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease.
Note: Consultation procedures apply--see section 434A.
(8) The Cross - boundary Authority may, by written notice given to the applicant, refuse to renew the lease if the Cross - boundary Authority is not satisfied of the matters (if any) prescribed by the regulations.
Note: Consultation procedures apply--see section 434A.