Queensland Numbered Acts

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GREENHOUSE GAS STORAGE ACT 2009 No. 3 - SECT 379

379 Types of noncompliance action that may be taken

(1) The noncompliance action the Minister may take under this division is all or any of the following--

(a) amending the GHG authority by doing all or any of the following--
(i) for a GHG authority other than a GHG lease, reducing its term;
(ii) reducing its area;
Example of a possible reduction--
A GHG permit holder has not in contravention of section 89, carried out work required under the work program for the permit. Noncompliance action may include amending the permit to reduce its area to reflect the work not carried out.
(iii) amending a condition of the GHG authority;
(iv) imposing a new condition;
(b) for a GHG authority other than a GHG lease, requiring its holder to relinquish a stated part of its area on or before a stated time;
(c) cancelling the GHG authority, immediately or on a stated day;
(d) if the GHG authority is a GHG tenure--
(i) withdrawing from a stated day, the approval of its work program or development plan; and
(ii) directing its holder to, on or before that day, give the Minister the following document so that the Minister may decide whether to approve it--
(A) for a GHG permit--a proposed later work program that complies with the later work program requirements;
(B) for a GHG lease--a proposed later development plan that complies with the later development plan requirements;
(e) requiring the GHG authority holder to pay the State a penalty of an amount no more than the monetary value of 2000 penalty units.

(2) However, a requirement under subsection (1)(e) may be made only if the holder has agreed to the requirement being made instead of the taking other noncompliance action under subsection (1).

(3) A condition or amendment under subsection (1) may restrict the authorised activities for the GHG authority.

(4) If under subsection (1)(c), the GHG authority is cancelled on a stated day, a condition may be imposed under subsection (1)(a) restricting the authorised activities for the authority until the cancellation.

(5) Noncompliance action may be taken despite the mandatory conditions for the GHG authority.



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