Commonwealth Consolidated Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 439A

When the conditions of a cross - boundary title may be the subject of a variation, suspension or exemption

  (1)   This section applies if an event specified in the table happens, or a circumstance specified in the table exists:

 

When the conditions of a title may be the subject of a variation, suspension or exemption
Item		Title	Event or circumstance
1		a cross - boundary greenhouse gas assessment permit, cross - boundary greenhouse gas holding lease or cross - boundary greenhouse gas injection licence	the permittee, lessee or licensee applies in writing to the Cross - boundary Authority for: (a) a variation or suspension of any of the conditions to which the permit, lease or licence is subject; or (b) exemption from compliance with any of the conditions to which the permit, lease or licence is subject
2		a cross - boundary greenhouse gas assessment permit, cross - boundary greenhouse gas holding lease or cross - boundary greenhouse gas injection licence	the responsible Commonwealth Minister gives a direction or consent to the permittee, lessee or licensee under: (a) this Chapter; or (b) Chapter   6; or (c) Part   8.1; or (d) the regulations
3		a cross - boundary greenhouse gas injection licence	the licence is partly surrendered
4		a cross - boundary greenhouse gas assessment permit, cross - boundary greenhouse gas holding lease or cross - boundary greenhouse gas injection licence	the permittee, lessee or licensee consents to the making of a determination under section   462
	5	a cross - boundary greenhouse gas assessment permit	the permit is taken to continue in force until the Cross - boundary Authority grants, or refuses to grant, the renewal of the permit (see subsection   311A(9))
6		a cross - boundary greenhouse gas holding lease	the lease is taken to continue in force until the Cross - boundary Authority grants, or refuses to grant, the renewal of the lease (see subsection   350A(7))

  (2)   An application under item   1 of the table in subsection   (1) for a variation of any of the conditions to which a permit, lease or licence is subject may be set out in the same document as an application under that item for a suspension of any of the conditions to which the permit, lease or licence is subject.

Variation, suspension or exemption

  (3)   The Cross - boundary Authority may, by written notice given to the permittee, lessee or licensee:

  (a)   vary; or

  (b)   suspend; or

  (c)   exempt the permittee, lessee or licensee from compliance with;

any of the conditions to which the permit, lease, or licence is subject, on such conditions (if any) as are specified in the notice.

  (3A)   In making a decision under subsection   (3), the Cross - boundary Authority may have regard to:

  (a)   whether the technical advice and financial resources available to the permittee, lessee or licensee are sufficient to:

  (i)   carry out the operations and works that will be authorised by the permit, lease, or licence if the condition of the permit, lease or licence is varied or suspended or the permittee, lessee or licensee is exempt from compliance with the condition; and

  (ii)   discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit, lease, or licence if the condition of the permit, lease or licence is varied or suspended or the permittee, lessee or licensee is exempt from compliance with the condition; and

  (b)   any other matters prescribed by the regulations; and

  (c)   any other matters the Cross - boundary Authority considers relevant.

  (4)   A variation under subsection   (3) may be in the same notice as a suspension under that subsection.

Notice of refusal of application

  (5)   If:

  (a)   an application is made under item   1 of the table in subsection   (1); and

  (b)   the Cross - boundary Authority refuses the application;

the Cross - boundary Authority must:

  (c)   by written notice given to the applicant, notify the applicant of the refusal; and

  (d)   do so as soon as practicable after the refusal.

When variation takes effect

  (6)   A variation of a cross - boundary greenhouse gas injection licence under this section takes effect on the day on which notice of the variation is published in the Gazette.

  (7)   A variation of a cross - boundary greenhouse gas assessment permit or cross - boundary greenhouse gas holding lease under this section takes effect on the day on which notice of the variation is given to the permittee or lessee.