Victorian Current Acts

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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 - SECT 407

Variation of matters inconsistent with direction to deal with serious situation

    (1)     If—

        (a)     a direction under section 406 is in force in relation to a greenhouse gas injection licence; and

        (b)     apart from section 406(6), 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. 407(3)(a) amended by No. 43/2012 s. 3(Sch. item 35.2).

        (a)     a direction under section 406 is in force in relation to a greenhouse gas injection licence; and

        (b)     apart from section 406(6), the direction would be inconsistent with anything in an approved site plan for the identified greenhouse gas storage formation—

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.



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