Victorian Current Acts Victorian Current Acts(1) This section applies if an application to renew a greenhouse gas holding lease has been made under section 362.
(2) The Minister must, by written notice given to the applicant, refuse to renew the lease if—
(a) any of—
(i) the conditions to which the greenhouse gas holding lease 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) the Minister is not satisfied that there are sufficient grounds to warrant the granting of the renewal of the greenhouse gas holding lease.
Note
Consultation procedures apply—see section 466.
(3) The Minister must, by written notice given to the applicant, refuse to renew the lease if the Minister is satisfied that the applicant is, at the time of the application, in a position to—
(a) inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
(b) permanently store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned.
Note
Consultation procedures apply—see section 466.
(4) If—
(a) the Minister makes a decision under subsection (3) refusing to renew the lease; and
(b) a notice of refusal is given to the applicant; and
(c) within 12 months after the notice was given, the lessee applies for a greenhouse gas injection licence over one or more of the blocks comprised in the lease; and
(d) the lease would, apart from this subsection, expire—
(i) before the Minister grants, or refuses to grant, the greenhouse gas injection licence; or
(ii) before the application lapses—
the lease continues in force until—
(e) the Minister grants, or refuses to grant, the greenhouse gas injection licence; or
(f) the application lapses—
whichever happens first.
(5) If—
(a) the Minister makes a decision under subsection (3) refusing to renew the lease; and
(b) a notice of refusal is given to the applicant; and
(c) subsection (4) does not apply; and
(d) the lease would, apart from this subsection, expire within 12 months after the notice was given—
the lease continues in force until the end of the 12‑month period beginning on the day on which the notice was given.
(6) Subsections (4) and (5) have effect subject to this Chapter but despite section 332.
Note
See the notes at the end of section 332.