Commonwealth Consolidated Acts

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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 434

Consultation--adverse decisions (general)

Scope

  (1)   This section applies to a decision set out in the table, and the affected person in relation to that decision is set out in the table:

 

Decisions and affected persons

Item

Column 1

Column 2

Column 3

 

Provision under which decision is made

Decision of the responsible Commonwealth Minister

Affected person

1A

section   310

refusal to renew a greenhouse gas assessment permit

the permittee.

1

section   332

refusal to grant a greenhouse gas holding lease to a greenhouse gas injection licensee

the licensee.

2

section   349

refusal to renew a greenhouse gas holding lease

the lessee.

3

section   374 or 374A

refusal to vary a greenhouse gas injection licence

the licensee.

Consultation

  (2)   Before making the decision, the responsible Commonwealth Minister must:

  (a)   by written notice given to the affected person, give at least 30 days notice of the responsible Commonwealth Minister's intention to make the decision; 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 decision that is proposed to be made; and

  (b)   set out the reasons for the proposal; and

  (c)   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

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

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


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