Greenhouse Gas Storage Act 2009

This section applies if, under section 369A, the resumption notice for the taking of land (other than by taking or otherwise creating an easement) under a resumption law provides for the extinguishment of GHG interests for stated land.

If the resumption notice states that all GHG interests relating to the stated land are extinguished and a GHG interest relates only to the stated land, the interest is wholly extinguished.

If the resumption notice states that all GHG interests relating to the stated land are extinguished and a GHG interest relates to the stated land and other land—

the stated land is no longer the subject of the interest; and

without limiting paragraph (a)—

the stated land is excluded from the area of the GHG authority comprising the interest, or under or in relation to which the interest exists; and

this Act applies, in relation to the area of the GHG authority, with necessary and convenient changes to allow for the exclusion of the stated land, including, for example, to allow the area to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area.

If the resumption notice states that the carrying out of stated activities on the stated land by holders of stated GHG interests is prohibited, the holder of a stated GHG interest is not, or is no longer, authorised to carry out the stated activities on the stated land.

However, subsections (3) and (4) do not apply in relation to a GHG interest that comprises, or exists under or in relation to, a new or renewed GHG authority granted after the land is taken.