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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 361

Application for greenhouse gas injection licence (other than a cross - boundary greenhouse gas injection licence) by greenhouse gas assessment permittee (other than a cross - boundary greenhouse gas assessment permittee) or greenhouse gas holding lessee (other than a cross - boundary greenhouse gas holding lessee)

Scope

  (1)   This section applies if:

  (a)   a greenhouse gas assessment permit (other than a cross - boundary greenhouse gas assessment permit) or greenhouse gas holding lease (other than a cross - boundary greenhouse gas holding lease) is in force; and

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

Single identified greenhouse gas storage formation

  (2)   If a single identified greenhouse gas storage formation extends to:

  (a)   only one block in the permit area or lease area; or

  (b)   2 or more blocks in the permit area or lease area;

the permittee or lessee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas injection licence over the block or blocks to which the identified greenhouse gas storage formation extends.

Multiple identified greenhouse gas storage formations

  (3)   If:

  (a)   2 or more identified greenhouse gas storage formations, when considered together, extend to only one block in the permit area or lease area; and

  (b)   a vertical line would not pass through a point in each of those identified greenhouse gas storage formations;

the permittee or lessee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas injection licence over the block to which the identified greenhouse gas storage formations extend.

  (4)   If:

  (a)   2 or more identified greenhouse gas storage formations, when considered together, extend to:

  (i)   only one block in the permit area or lease area; or

  (ii)   2 or more blocks in the permit area or lease area; and

  (b)   a vertical line would pass through a point in each of those identified greenhouse gas storage formations;

the permittee or lessee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas injection licence over the block or blocks to which the identified greenhouse gas storage formations, when considered together, extend.

  (5)   If:

  (a)   2 or more identified greenhouse gas storage formations, when considered together, extend to 2 or more blocks in the permit area or lease area; and

  (b)   a vertical line would not pass through a point in each of those identified greenhouse gas storage formations; and

  (c)   for each identified greenhouse gas storage formation, at least one of the blocks to which the identified greenhouse gas storage formation extends immediately adjoins a block to which the other, or another, of those identified greenhouse gas storage formations extends;

the permittee or lessee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas injection licence over the blocks to which the identified greenhouse gas storage formations, when considered together, extend.

  (6)   For the purposes of subsection   (5), a block immediately adjoins another block if the graticular section that constitutes or includes that block and the graticular section that constitutes or includes that other block:

  (a)   have a side in common; or

  (b)   are joined together at one point only.

Limit on application

  (7)   If a greenhouse gas holding lease was granted under section   345 (or was granted by way of renewal of such a lease), the lessee is not entitled to make an application under this section unless:

  (a)   the greenhouse gas holding lease is tied to a petroleum production licence; and

  (b)   the lessee is the registered holder of the petroleum production licence.

Application

  (8)   An application under this section must set out, for each identified greenhouse gas storage formation, each of the matters which the applicant seeks to have specified in the licence as mentioned in paragraphs 358(3)(d) to (k).

  (9)   The matters set out in the application in accordance with subsection   (8) must not be inconsistent with the fundamental suitability determinants of the identified greenhouse gas storage formation concerned.

  (10)   An application under this section must:

  (a)   be in the approved form; and

  (b)   be accompanied by a draft site plan for the identified greenhouse gas storage formation or draft site plans for each of the identified greenhouse gas storage formations; and

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

  (10A)   An application under this section is taken to be accompanied by the draft site plan or plans referred to in paragraph   (10)(b) if the plan or plans are given to the responsible Commonwealth Minister before the end of the 10 - day period that began on the day after the application was made.

  (10B)   If the approved form requires the application to be accompanied by any other 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 responsible Commonwealth Minister before the end of the 10 - day period that began on the day after the application was made.

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   429 enables the responsible Commonwealth Minister to require the applicant to give further information.

Variation of application

  (11)   At any time before an offer document, or a notice of refusal, relating to the application is given to the applicant, the applicant may, by written notice given to the responsible Commonwealth Minister, vary the application.

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

  (13)   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.

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

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

  (16)   The Titles Administrator must publish on the Titles Administrator's website a copy of the instrument of approval referred to in subsection   (12).


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