(a) either of the following is in force—
(i) a greenhouse gas assessment permit;
(ii) a greenhouse gas holding lease (other than a special greenhouse gas holding lease); and
(b) one or more identified greenhouse gas storage formations are wholly situated in the permit area or lease area; and
(c) the permittee or lessee makes an application under section 379 for the grant of a greenhouse gas injection licence over the block or blocks in which the identified greenhouse gas storage formation or formations are wholly situated; and
(d) if the applicant holds a greenhouse gas assessment permit—the Minister refuses to grant the greenhouse gas injection licence on a ground covered by section 382(1)(c), (d), (e), (f) or (g); and
(e) if the applicant holds a greenhouse gas holding lease—the Minister refuses to grant the greenhouse gas injection licence on a ground covered by section 383(1)(c), (d), (e), (f) or (g)—
the permittee or lessee may, within the application period, apply to the Minister for the grant of a special greenhouse gas holding lease over the block or blocks covered by the unsuccessful application for the greenhouse gas injection licence.
For "application period", see subsection (3).
(2) An application under this section must be accompanied by such information (if any) as is specified in the regulations.
1 Part 3.8 contains additional provisions about application procedures.
2 Section 459 requires the application to be accompanied by an application fee.
3 Section 461 enables the Minister to require the applicant to give further information.
(3) The application period for an application under this section by a permittee or lessee is the period of 90 days that began on the day on which the permittee or lessee was notified of the refusal to grant the greenhouse gas injection licence.