Victorian Current Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 - SECT 313

    (1)     This section applies if an application to renew a greenhouse gas assessment permit has been made under section 311.

    (2)     The Minister must, by written notice given to the applicant, refuse to renew the permit if—

        (a)     any of—

              (i)     the conditions to which the greenhouse gas assessment permit is, or has from time to time been, subject; or

              (ii)     the provisions of this Chapter, Chapter 5, Chapter 6 and Part 8.1; or

              (iii)     the provisions of the regulations—

have not been complied with; and

        (b)     in a case where—

              (i)     the permit is a work‑bid greenhouse gas assessment permit; and

              (ii)     the permit is subject to one or more conditions of the kind mentioned in section 289; and

              (iii)     one or more of those conditions have not been complied with—

the Minister is not satisfied that the noncompliance is attributable to unavoidable delays caused by the unavailability of essential services or essential equipment or both; and

        (c)     the Minister is not satisfied that there are sufficient grounds to warrant the granting of the renewal of the greenhouse gas assessment permit.

Note

Consultation procedures apply—see section 466.

    (3)     The Minister must, by written notice given to the applicant, refuse to renew the permit if—

        (a)     each of the following has been complied with—

              (i)     the conditions to which the greenhouse gas assessment permit is, or has from time to time been, subject;

              (ii)     the provisions of this Chapter, Chapter 5, Chapter 6 and Part 8.1;

              (iii)     the provisions of the regulations; and

        (b)     during the period when the permit was in force, no notice was given under section 486 about a part of a geological formation wholly situated in the permit area; and

        (c)     the Minister is not satisfied that there are sufficient grounds to warrant the granting of the renewal of the greenhouse gas assessment permit.

Note

Consultation procedures apply—see section 466.

    (4)     For the purposes of this section, if—

        (a)     the greenhouse gas assessment permit is subject to a condition requiring the permittee to carry out work in, or in relation to, the permit area during a particular period; and

        (b)     the application for renewal of the permit was made during that period—

then, in determining whether the condition has been complied with, assume that the period had ended immediately before the application for renewal was made.