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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 - SECT 309

Grant of cash‑bid greenhouse gas assessment permit—2 or more applications

    (1)     This section applies if—

        (a)     the Minister publishes a notice under section 306(1) inviting applications for the grant of a greenhouse gas assessment permit over a block or blocks; and

        (b)     at the end of the period specified in the notice, 2 or more applications have been made under section 306 in relation to the block or blocks.

    (2)     The Minister may reject any or all of the applications.

    (3)     If the Minister does not reject all of the applications, the table has effect—

Unrejected applications



Item



If...

the Minister may give a written notice (called an offer document) to...

1

only one application remains unrejected

the applicant.

2

(a)     2 or more applications remain unrejected; and

(b)     the amounts specified in the applications under section 306(6)(b) are equal

one of those applicants.

3

(a)     2 or more applications remain unrejected; and

(b)     the amounts specified in the applications under section 306(6)(b) are not equal; and

(c)     the amount specified in one of the applications is higher than the amount or amounts specified in the remaining application or applications

whichever of those applicants specified the highest amount.

4

(a)     3 or more applications remain unrejected; and

(b)     2 or more of the amounts specified in the applications under section 306(6)(b) are—

(i)     equal; and

(ii)     higher than the amount or amounts specified in the remaining application or applications

one of the applicants who specified the equal highest amount.

    (4)     An offer document given to an applicant must tell the applicant that the Minister is prepared to grant the applicant a greenhouse gas assessment permit over the block or blocks.

Notes

1     Section 462 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).

2     If an applicant breaches a requirement under section 461 to provide further information, the Minister may refuse to give the applicant an offer document—see section 461(3).

    (5)     If—

        (a)     an applicant is given an offer document under this section; and

        (b)     the application lapses as provided by section 463, 464 or 465; and

        (c)     there are one or more remaining unrejected applications—

subsections (3) and (4) of this section apply in relation to the remaining unrejected applications.

    (6)     If the Minister does not give an offer document to an applicant, the Minister must, by written notice given to the applicant, inform the applicant that the application was unsuccessful.



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