Commonwealth Consolidated Acts Commonwealth Consolidated ActsApplication
(1) A greenhouse gas injection licensee (other than a cross - boundary greenhouse gas injection licensee) may apply to the responsible Commonwealth Minister for the variation by the responsible Commonwealth Minister of a matter specified in the licence as mentioned in any of paragraphs 358(3)(c) to (k).
Note 1: Consultation procedures apply--see section 434.
Note 2: Part 3.8 contains additional provisions about application procedures.
Note 3: Section 427 requires the application to be accompanied by an application fee.
Note 4: Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.
(2) An application under subsection (1) 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 responsible Commonwealth Minister before the end of the 10 - day period that began on the day after the application was made.
Variation
(3) If an application is made under subsection (1), the responsible Commonwealth Minister may, by written notice given to the licensee:
(a) vary the matter in accordance with the application; or
(b) refuse to vary the matter in accordance with the application.
(3A) In making a decision under subsection (3), the responsible Commonwealth Minister:
(a) must have regard to the matters specified in subsection (3B); and
(b) may have regard to any other matters the responsible Commonwealth Minister considers relevant.
(3B) The matters are as follows:
(a) whether the technical advice and financial resources available to the applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the licence as varied; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence as varied;
(b) any other matters prescribed by the regulations.
(4) If a matter specified in the licence as mentioned in any of paragraphs 358(3)(c) to (k) is varied under this section, the varied matter must not be inconsistent with the fundamental suitability determinants of the identified greenhouse gas storage formation concerned.
(4A) If:
(a) the licence was granted under section 372 to the registered holder of a petroleum production licence on the basis that the responsible Commonwealth Minister was satisfied of the matter set out in subparagraph 370(c)(i); and
(b) the responsible Commonwealth Minister is satisfied that it is in the public interest to do so;
the responsible Commonwealth Minister may exercise the power of variation conferred by subsection (3) as if the licence had been granted on the basis that the responsible Commonwealth Minister had been satisfied of the matter set out in subparagraph 370(c)(ii).
(5) A variation of a matter under this section takes effect on the day on which notice of the variation is published in the Gazette .
Note: For publication in the Gazette of notice of the variation, see section 734.