Commonwealth Consolidated Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 76D

Scope

  (1)   This section applies to decisions to be made by a Cross - boundary Authority for a State or the Northern Territory on matters that are within the Cross - boundary Authority's functions or powers.

Decision - making

  (2)   The Cross - boundary Authority must not make:

  (a)   a decision under section   291A to specify a condition in an original cross - boundary greenhouse gas assessment permit; or

  (b)   a decision to give an offer document under section   307B; or

  (c)   a decision to give an offer document under subsection   311B(3); or

  (d)   a decision under section   320A to specify a condition in an original cross - boundary greenhouse gas holding lease; or

  (e)   a decision to give an offer document under subsection   350B(3); or

  (f)   a decision under section   358A to specify a condition in a cross - boundary greenhouse gas injection licence; or

  (g)   a decision under subsection   439B(2) to extend the term of a cross - boundary greenhouse gas assessment permit or cross - boundary greenhouse gas holding lease; or

  (h)   a decision under paragraph   439C(2)(b) to allow a longer period;

unless:

  (i)   the responsible Commonwealth Minister; and

  (j)   the responsible State Minister or the responsible Northern Territory Minister, as the case may be;

agree about the decision.

  (3)   If:

  (a)   the responsible Commonwealth Minister; and

  (b)   the responsible State Minister or the responsible Northern Territory Minister, as the case may be;

disagree about a decision (other than a decision covered by subsection   (2)), the responsible Commonwealth Minister may decide the matter, and the responsible Commonwealth Minister's decision has effect as the Cross - boundary Authority's decision.

  (4)   If:

  (a)   the responsible Commonwealth Minister gives:

  (i)   in the case of a State--the responsible State Minister; or

  (ii)   in the case of the Northern Territory--the responsible Northern Territory Minister;

    written notice of a decision (other than a decision covered by subsection   (2)) that the responsible Commonwealth Minister thinks should be made on a matter; and

  (b)   30 days pass after the notice is given, and:

  (i)   in the case of a State--the responsible State Minister has not told the responsible Commonwealth Minister what decision the responsible State Minister thinks should be made; or

  (ii)   in the case of the Northern Territory--the responsible Northern Territory Minister has not told the responsible Commonwealth Minister what decision the responsible Northern Territory Minister thinks should be made;

the responsible Commonwealth Minister may decide the matter, and the responsible Commonwealth Minister's decision has effect as the Cross - boundary Authority's decision.