Queensland Numbered Acts

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GREENHOUSE GAS STORAGE ACT 2009 No. 3 - SECT 69

69 Deciding application

(1) If the proposed amendment--

(a) does not relate to the initial work program for the GHG permit; and
(b) is to substitute the carrying out of an authorised activity (the original activity) with another authorised activity;

the Minister may approve the amendment only if satisfied the other activity is at least of an equivalent use for GHG storage exploration as the original activity.

(2) If the application is to extend the period of the work program for the GHG permit, the Minister may approve the amendment only if satisfied--

(a) the requirements under section 66(2) have been complied with; and
(b) the designated person mentioned in section 66(2) is likely to provide additional financial or technical resources for the GHG permit; and
(c) the work program will be finished within the period of the extension.
Note--
For additional provisions about relinquishment if the period is extended, see sections 72(1)(c) and 90.

(3) Otherwise, the Minister may approve the amendment only if satisfied it is necessary because of a circumstance--

(a) not related to--
(i) the applicant's financial or technical resources or ability to manage GHG storage exploration; or
(ii) the results of exploration; and
(b) the happening of which is or was beyond the applicant's control; and
(c) that could not have been prevented by a reasonable person in the applicant's position.

(4) Also, if the amendment is approved under subsection (3), any relinquishment day for the GHG permit may be deferred for a period relating to a circumstance mentioned in subsection (3).

(5) A deferral under subsection (4)--

(a) can not be for longer than 12 years after the GHG permit took effect; and
(b) does not defer any later relinquishment day for the GHG permit.

(6) If under this section an amendment is approved, a condition may be imposed on the GHG permit requiring its holder to relinquish by a notice to the chief executive at least a stated percentage of the permit's area on or before a stated day.



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