Victorian Current Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 - SECT 402

    (1)     If—

        (a)     a direction under section 401 is in force in relation to a greenhouse gas injection licence; and

        (b)     apart from section 401(4), the direction would be inconsistent with a matter specified in the licence as mentioned in any of section 374(1)(c) to (k)—

the Minister may, by written notice given to the licensee, vary the matter for the purposes of removing that inconsistency.

    (2)     A variation of a matter under subsection (1) takes effect on the day on which notice of the variation is published in the Government Gazette.

Note

For publication in the Government Gazette of notice of the variation, see section 754.

    (3)     The regulations may provide that, if—

S. 402(3)(a) amended by No. 43/2012 s. 3(Sch. item 35.1).

        (a)     a direction under section 401 is in force in relation to a greenhouse gas injection licence; and

        (b)     apart from section 401(4), the direction would be inconsistent with anything in an approved site plan for an identified greenhouse gas storage formation specified in the licence—

then—

        (c)     the licensee must, within the period ascertained in accordance with the regulations—

              (i)     prepare a draft variation of the approved site plan for the purposes of removing that inconsistency; and

              (ii)     give the draft variation to the Minister; and

        (d)     the Minister must, by written notice given to the licensee—

              (i)     approve the variation; or

              (ii)     refuse to approve the variation; and

        (e)     if the Minister approves the variation—the approved site plan is varied accordingly.

    (4)     If an approved site plan is varied, a reference in this Act to the approved site plan is a reference to the approved site plan as varied.

S. 403 (Heading) amended by No. 26/2021 s. 40(1).