Document ID: chunk:federal_register_of_legislation:C2020A00043:clause:1_350a
Version: federal_register_of_legislation:C2020A00043
Segment Type: clause
Provision Reference: sch 1 cl 350A
Character Range: 147249–149857

350A  Application for renewal of a cross‑boundary greenhouse gas holding lease

Application for renewal
 (1) The registered holder of a cross‑boundary greenhouse gas holding lease (other than a special cross‑boundary greenhouse gas holding lease) may apply to the Titles Administrator for the renewal by the Cross‑boundary Authority of the lease.
 (2) Despite subsection (1), an application to renew a cross‑boundary greenhouse gas holding lease must not be made unless:
 (a) in a case where part of the lease area is in the coastal waters of a State—the State has a compatible cross‑boundary law; or
 (b) in a case where part of the lease area is in the coastal waters of the Northern Territory—the Northern Territory has a compatible cross‑boundary law.
 (3) A cross‑boundary greenhouse gas holding lease cannot be renewed more than once.
 (4) An application to renew a cross‑boundary greenhouse gas holding lease must be made:
 (a) not more than 12 months before the expiry date of the lease; and
 (b) at least 180 days before the expiry date of the lease.
 (5) Despite subsection (4), the Titles Administrator may accept an application to renew a cross‑boundary greenhouse gas holding lease if the application is made:
 (a) later than 180 days before the expiry date of the lease; and
 (b) before the expiry date of the lease.
 (6) An application to renew a cross‑boundary greenhouse gas holding lease must be accompanied by:
 (a) details of the lessee's proposals for work and expenditure in relation to the lease area; and
 (b) such other information (if any) as is specified in the regulations.
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429A enables the Titles Administrator to require the applicant to give further information.

Extension of duration of greenhouse gas holding lease pending decision on application
 (7) If:
 (a) a cross‑boundary greenhouse gas holding lessee makes an application to renew the lease; and
 (b) the lease would, apart from this subsection, expire:
 (i) before the Cross‑boundary Authority grants, or refuses to grant, the renewal of the lease; or
 (ii) before the application lapses as provided by section 431A;
the lease continues in force:
 (c) until the Cross‑boundary Authority grants, or refuses to grant, the renewal of the lease; or
 (d) until the application so lapses;
whichever happens first.
 (8) Subsection (7) has effect subject to this Chapter but despite section 322.
Note: See the notes at the end of section 322.