Document ID: chunk:federal_register_of_legislation:C2024C00828:section:163:p2
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 163 (pt 2/2)
Character Range: 408626–411224

the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key petroleum operations will have a significant adverse impact on:
 (i) operations for the injection of a greenhouse gas substance; or
 (ii) operations for the storage of a greenhouse gas substance;
  that could be carried on under:
 (iii) a future greenhouse gas holding lease over a block or blocks; or
 (iv) a future greenhouse gas injection licence over a block or blocks; and
 (b) a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is in force over the block or any of the blocks; and
 (c) the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
 (d) whether the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence covered by paragraph (b) has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the responsible Commonwealth Minister is so satisfied; and
 (e) if so—the terms of that agreement.
 (7) The responsible Commonwealth Minister must have regard to the public interest.
 (8) Subsections (4), (5) and (6) do not limit subsection (7).
 (9) Subsections (4), (5), (6) and (7) do not limit the matters to which the responsible Commonwealth Minister may have regard.

Responsible Commonwealth Minister must not give approval in certain circumstances
 (10) If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key petroleum operations will have a significant adverse impact on:
 (a) operations for the injection of a greenhouse gas substance; or
 (b) operations for the storage of a greenhouse gas substance;
that are being, or could be, carried on under an existing greenhouse gas injection licence, the responsible Commonwealth Minister must not give the approval unless the registered holder of the greenhouse gas injection licence has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the responsible Commonwealth Minister is so satisfied.

No right to an approval
 (11) To avoid doubt, section 161 does not imply that a petroleum production licensee who applies for approval under subsection (1) of this section is entitled to be given the approval.

Suspension of rights
 (12) For the purposes of this section, disregard a suspension of rights under section 438.