Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008 (117 of 2008)

Schedule 1   Amendments relating to greenhouse gas storage etc.

Offshore Petroleum Act 2006

140   At the end of Division 2 of Part 2.5

Add:

174A Consultation with greenhouse gas titleholders - grant of infrastructure licence

Scope

(1) This section applies if:

(a) an application for an infrastructure licence (the proposed infrastructure licence ) has been made under section 170 in relation to a place in a block; and

(b) the block:

(i) is the subject of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence; or

(ii) is the subject of a greenhouse gas search authority or greenhouse gas special authority; and

(c) the applicant is not the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority; and

(d) if subparagraph (b)(i) applies - the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence has not given written consent to the grant of the proposed infrastructure licence; and

(e) if subparagraph (b)(ii) applies:

(i) the registered holder of the greenhouse gas search authority or greenhouse gas special authority has not given written consent to the grant of the proposed infrastructure licence; or

(ii) the greenhouse gas search authority or greenhouse gas special authority will not expire before any construction or operation of infrastructure facilities under the proposed infrastructure licence would occur.

Consultation

(2) Before the Joint Authority gives the applicant an offer document under section 171, the Joint Authority must:

(a) by written notice given to the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority, give at least 30 days notice of the Joint Authority's proposal to give the applicant the offer document; and

(b) give a copy of the notice to such other persons (if any) as the Joint Authority thinks fit.

(3) The notice must:

(a) set out details of the proposed infrastructure licence; and

(b) invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the Joint Authority about the proposal; and

(c) specify a time limit for the making of that submission.

Note: All communications to the Joint Authority are to be made through the Designated Authority - see section 45.

(4) In deciding:

(a) whether to give the applicant the offer document; and

(b) the conditions (if any) to which the proposed infrastructure licence should be subject;

the Joint Authority must take into account any submissions made in accordance with the notice.