Document ID: chunk:federal_register_of_legislation:C2024C00828:section:374a
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 374A
Character Range: 1084156–1086817

374A  Variation of matters specified in cross‑boundary greenhouse gas injection licence—general

Application
 (1) A cross‑boundary greenhouse gas injection licensee may apply to the Titles Administrator for the variation by the responsible Commonwealth Minister of a matter specified in the licence as mentioned in any of paragraphs 358A(3)(c) to (k).
Note 1: Consultation procedures apply—see section 434.
Note 2: Part 3.8 contains additional provisions about application procedures.
Note 3: Section 427 requires the application to be accompanied by an application fee.
Note 4: Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.
 (2) An application under subsection (1) must:
 (a) be in the approved form; and
 (b) be accompanied by any information or documents required by the form.
 (2A) If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the 10‑day period that began on the day after the application was made.

Variation
 (3) If an application is made under subsection (1), the responsible Commonwealth Minister may, by written notice given to the licensee:
 (a) vary the matter in accordance with the application; or
 (b) refuse to vary the matter in accordance with the application.
 (3A) In making a decision under subsection (3), the responsible Commonwealth Minister:
 (a) must have regard to the matters specified in subsection (3B); and
 (b) may have regard to any other matters the responsible Commonwealth Minister considers relevant.
 (3B) The matters are as follows:
 (a) whether the technical advice and financial resources available to the applicant are sufficient to:
 (i) carry out the operations and works that will be authorised by the licence as varied; and
 (ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence as varied;
 (b) any other matters prescribed by the regulations.
 (4) If a matter specified in the licence as mentioned in any of paragraphs 358A(3)(c) to (k) is varied under this section, the varied matter must not be inconsistent with the fundamental suitability determinants of the identified greenhouse gas storage formation concerned.
 (5) A variation of a matter under this section takes effect on the day on which notice of the variation is published in the Gazette.
Note: For publication in the Gazette of notice of the variation, see section 734.