Queensland Consolidated Acts

GREENHOUSE GAS STORAGE ACT 2009 - SECT 369C

369C Applications relating to land taken under a resumption law for which GHG interests were extinguished

(1) The Minister may, under a grant provision, grant a new GHG authority for an area that includes acquired land only if the Minister, after consulting the entity that took the land, is satisfied the grant of the authority is compatible with the purpose for which the land is being or is to be used.

(2) If there are 2 or more applications under this Act for the grant, under a grant provision, of a new GHG authority for an area that includes the same acquired land, the applications are to be dealt with as follows—

(a) the applications must be considered and decided according to the day on which they are made;

(b) if the applications were made on the same day—

(i) they take the priority the Minister decides, after considering the relative merits of each application; and

(ii) the Minister must give each applicant a notice stating there is competition for priority between the applicant’s application and another application, or other applications, made on the same day as the day on which the applicant’s application was made.

(3) If a grant provision provides for the grant of a new GHG authority (the
"new authority" ) over land in the area of an existing GHG authority (the
"existing authority" )—

(a) the application under this Act for the new authority may include acquired land that was, immediately before the taking of the land, in the existing authority’s area; and

(b) subject to subsections (1) and (2) , the Minister may grant the new authority for an area that includes the acquired land as if the acquired land were in the existing authority’s area.

(4) To remove any doubt, it is declared that this section does not affect the operation of the provisions of this Act about the application for, and grant of, a new GHG authority other than to the extent provided for in subsections (1) to (3) .

(5) In this section—

"grant provision" means a provision of this Act providing for the grant of a new GHG authority.

"new GHG authority" includes a renewed GHG authority.