Commonwealth Consolidated Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 377

Scope

  (1)   This section applies if:

  (a)   the responsible Commonwealth Minister proposes to give a direction under section   376 to a greenhouse gas injection licensee; and

  (b)   the direction requires the licensee to do something in an area (the action area ); and

  (c)   the action area is, to any extent, the subject of:

  (i)   a greenhouse gas assessment permit; or

  (ii)   a greenhouse gas holding lease; or

  (iii)   a greenhouse gas injection licence; or

  (iv)   a greenhouse gas search authority; or

  (v)   a petroleum exploration permit; or

  (vi)   a petroleum retention lease; or

  (vii)   a petroleum production licence; or

  (viii)   a petroleum special prospecting authority; or

  (ix)   a State/Territory petroleum exploration title; or

  (x)   a State/Territory petroleum retention title; or

  (xi)   a State/Territory petroleum production title; and

  (d)   if subparagraph   (c)(i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) applies--the licensee mentioned in paragraph   (a) is not the registered holder of the permit, lease, licence or authority mentioned in that subparagraph; and

  (e)   if subparagraph   (c)(i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) applies--the registered holder of the permit, lease, licence or authority mentioned in that subparagraph has not given written consent to the giving of the direction; and

  (f)   if subparagraph   (c)(ix), (x) or (xi) applies--the licensee mentioned in paragraph   (a) is not the holder of the title mentioned in that subparagraph; and

  (g)   if subparagraph   (c)(ix), (x) or (xi) applies--the holder of the title mentioned in that subparagraph has not given written consent to the giving of the direction.

Consultation

  (2)   Before giving the direction, the responsible Commonwealth Minister must:

  (a)   by written notice given to the registered holder of the permit, lease, licence or authority mentioned in subparagraph   (1)(c)(i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) or the holder of the title mentioned in subparagraph   (1)(c)(ix), (x) or (xi), as the case requires, give at least 30 days notice of the responsible Commonwealth Minister's intention to give the direction; and

  (b)   give a copy of the notice to such other persons (if any) as the responsible Commonwealth Minister thinks fit.

  (3)   The notice must:

  (a)   set out details of the direction that is proposed to be given; and

  (b)   invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the responsible Commonwealth Minister about the proposal; and

  (c)   specify a time limit for making that submission.

  (4)   In deciding whether to give the direction, the responsible Commonwealth Minister must take into account any submissions made in accordance with the notice.

Emergencies

  (5)   However, if the responsible Commonwealth Minister is satisfied that the direction is required to deal with an emergency:

  (a)   subsections   (2), (3) and (4) do not apply to the direction; and

  (b)   as soon as practicable after the direction is given, the responsible Commonwealth Minister must give a copy of the direction to the registered holder of the permit, lease, licence or authority mentioned in subparagraph   (1)(c)(i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) or the holder of the title mentioned in subparagraph   (1)(c)(ix), (x) or (xi), as the case requires.