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GREENHOUSE GAS STORAGE ACT 2009 No. 3 - SECT 470

470 Insertion of new ch 13, pt 11

Chapter 13--

insert--

'assent means the date of assent of the GHG storage Act.

converted authorities see section 648(2)(b).

document includes an approved form, a notice, an environmental authority and subordinate legislation.

former, for a provision mentioned in this part, means the provision to which the reference relates is a provision of this Act as in force before assent.

Zerogen means Zerogen Pty Ltd (ACN 118 696 932).

'(1) This section applies to the environmental authorities (petroleum activities) in force immediately before assent held by Zerogen (the old authorities) relating to its authorities to prospect under the P&G Act, numbered 830 and 835.

Note--
On the date of assent of the GHG storage Act the authorities to prospect became GHG permits under that Act. See the GHG storage Act, section 431.

'(2) On assent, the old authorities--

(a) cease to be environmental authorities for petroleum activities; and
(b) are taken to be environmental authorities (chapter 5A activities) for greenhouse gas storage activities (the converted authorities).

'(3) The converted authorities are non-code compliant, for a level 2 chapter 5A activity.

'(4) The conditions of the converted authorities are all of the conditions of the old authorities that are relevant to the carrying out of greenhouse gas storage activities under the authority to prospect to which the converted authority relates.

'(5) Chapter 5A applies to the converted authorities.

'(1) This section applies for the GHG permit that, under the GHG storage Act section 432, Zerogen is taken to have been granted on the date of assent of that Act.

'(2) On assent, Zerogen is taken to have been granted an environmental authority (chapter 5A activities) for all greenhouse gas storage activities authorised under the GHG permit.

'(3) The environmental authority is non-code compliant, for a level 2 chapter 5A activity.

'(4) The conditions of the environmental authority are all of the conditions of the environmental authority (chapter 5A activities) No. PEN 200040607, granted on 22 October 2007 as in force on assent that are relevant to the carrying out of greenhouse gas storage activities under the GHG permit.

'(5) Chapter 5A applies to the environmental authority.

'(1) A reference in an Act or a document to former chapter 4A is taken to be a reference to chapter 5A.

'(2) A reference in an Act or a document to a particular provision of former chapter 4A (the repealed provision) is taken to be a reference to the provision of chapter 5A that corresponds, or substantially corresponds, to the repealed provision.

'(1) This section applies to an environmental authority (petroleum activities) in force under former chapter 4A immediately before assent, other than the converted authorities.

'(2) On assent the environmental authority is taken to be an environmental authority (chapter 5A activities) granted under chapter 5A that is--

(a) of the same level; and
(b) for the same activities; and
(c) subject to the same conditions.

'(3) Chapter 5A applies to the environmental authority.

'(1) A reference in an Act or document to an environmental authority (petroleum activities) is taken to be a reference to an environmental authority (chapter 5A activities) for--

(a) if the environmental authority is a converted authority--greenhouse gas storage activities; or
(b) otherwise--petroleum activities.

'(2) A reference in an Act or document to a level 1 petroleum activity is taken to be to a level 1 chapter 5A activity.

'(3) A reference in an Act or document to a level 2 petroleum activity is taken to be to a level 2 chapter 5A activity.

'If, immediately before assent, an application has been made under former chapter 4A, but not decided, the application is taken to have been made under chapter 5A for the corresponding matter under that chapter.

'(1) This section applies to a decision or document in force immediately before assent given under former chapter 4A about a matter under that chapter.

'(2) On assent, the decision or document is taken to have been given under chapter 5A about the corresponding matter under that chapter.

'(3) However, subsection (2) does not change the time at which the decision or document was given.

'(4) In this section--

given, for a decision or document, includes its making or submission.

'If, immediately before assent, an appeal about a matter under former chapter 4A had not been decided, on assent the appeal is taken to be an appeal about the corresponding matter under chapter 5A.'.



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