Offshore Petroleum and Greenhouse Gas Storage Act 2006

This section applies if:

the responsible Commonwealth Minister proposes to give a direction under section 593 to a greenhouse gas injection licensee; and

the direction requires the licensee to do something in an area (the action area); and

the action area is, to any extent, the subject of:

a greenhouse gas assessment permit; or

a greenhouse gas holding lease; or

a greenhouse gas injection licence; or

a greenhouse gas search authority; or

a petroleum exploration permit; or

a petroleum retention lease; or

a petroleum production licence; or

a petroleum special prospecting authority; or

a State/Territory petroleum exploration title; or

a State/Territory petroleum retention title; or

a State/Territory petroleum production title; and

if subparagraph (c)(i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) applies—the licensee mentioned in paragraph (a) is not the registered holder of the permit, lease, licence or authority mentioned in that subparagraph; and

if subparagraph (c)(i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) applies—the registered holder of the permit, lease, licence or authority mentioned in that subparagraph has not given written consent to the giving of the direction; and

if subparagraph (c)(ix), (x) or (xi) applies—the licensee mentioned in paragraph (a) is not the holder of the title mentioned in that subparagraph; and

if subparagraph (c)(ix), (x) or (xi) applies—the holder of the title mentioned in that subparagraph has not given written consent to the giving of the direction.

Before giving the direction, the responsible Commonwealth Minister must:

by written notice given to the registered holder of the permit, lease, licence or authority mentioned in subparagraph (1)(c)(i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) or the holder of the title mentioned in subparagraph (1)(c)(ix), (x) or (xi), as the case requires, give at least 30 days notice of the responsible Commonwealth Minister’s intention to give the direction; and

give a copy of the notice to such other persons (if any) as the responsible Commonwealth Minister thinks fit.

The notice must:

set out details of the direction that is proposed to be given; and

invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the responsible Commonwealth Minister about the proposal; and

specify a time limit for making that submission.

In deciding whether to give the direction, the responsible Commonwealth Minister must take into account any submissions made in accordance with the notice.

However, if the responsible Commonwealth Minister is satisfied that the direction is required to deal with an emergency:

subsections (2), (3) and (4) do not apply to the direction; and

as soon as practicable after the direction is given, the responsible Commonwealth Minister must give a copy of the direction to the registered holder of the permit, lease, licence or authority mentioned in subparagraph (1)(c)(i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) or the holder of the title mentioned in subparagraph (1)(c)(ix), (x) or (xi), as the case requires.