Queensland Numbered Acts

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GREENHOUSE GAS STORAGE ACT 2009 No. 3 - SECT 380

380 When noncompliance action may be taken

(1) Noncompliance action may be taken if--

(a) an event mentioned in subsection (2) or (3) has happened; and
(b) the procedure under division 3 or 4 for taking the action has been followed; and
(c) the GHG authority for which the noncompliance action is taken relates to the event for which the action is taken.

(2) For subsection (1), the event is that the holder--

(a) obtained the GHG authority because of a materially false or misleading representation or declaration made orally or in writing; or
(b) has failed to comply with this Act, a direction given under this Act or the GHG authority; or
(c) did not pay an amount under this Act by the day it became owing; or
(d) has used any land in the GHG authority's area for an activity that--
(i) is not an authorised activity for the GHG authority or that, under any of the following Acts can not be carried out on the land--
(A) the Geothermal Act, chapter 4, part 5;
(B) the Mineral Resources Act, part 7AAC;
(C) the P&G Act, chapter 3A;
(D) the 1923 Act, part 6FA; and
(ii) the holder can not otherwise lawfully carry out; or
(e) has used the GHG authority for a purpose other than for a purpose for which it was granted; or
(f) has carried out or purported to carry out work under the GHG authority for which the GHG authority was not granted.

(3) Also, it is an event for subsection (1) if the holder is not or has ceased to be an eligible person.



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