Document ID: chunk:federal_register_of_legislation:C2024C00828:section:360
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 360
Character Range: 998412–1001080

360  Termination of greenhouse gas injection licence if no injection operations for 5 years

Scope
 (1) This section applies to a greenhouse gas injection licence if:
 (a) both:
 (i) a single identified greenhouse gas storage formation is specified in the licence; and
 (ii) no operations to inject a greenhouse gas substance into the identified greenhouse gas storage formation have been carried on under the licence at any time during a continuous period of at least 5 years; or
 (b) both:
 (i) 2 or more identified greenhouse gas storage formations are specified in the licence; and
 (ii) no operations to inject a greenhouse gas substance into any of those identified greenhouse gas storage formations have been carried on under the licence at any time during a continuous period of at least 5 years.

Termination of licence
 (2) The responsible Commonwealth Minister may, by written notice given to the licensee, tell the licensee that the responsible Commonwealth Minister proposes to terminate the licence after the end of 30 days after the notice is given.
 (3) At any time after the end of 30 days after the notice is given to the licensee, the responsible Commonwealth Minister may, by written notice given to the licensee, terminate the licence.
Note: For remedial directions following termination, see sections 594A and 595.
 (4) In working out, for the purposes of this section, the period in which no operations to inject a greenhouse gas substance into an identified greenhouse gas storage formation were carried on under a greenhouse gas injection licence, disregard:
 (a) any period in which no such operations were carried on because of circumstances beyond the licensee's control; and
 (b) any period in which no such operations were carried on because of a suspension under section 383.
 (5) For the purposes of paragraph (4)(a), the failure to obtain a greenhouse gas substance for injection into an identified greenhouse gas storage formation is not a circumstance beyond the licensee's control.

Consultation
 (6) The responsible Commonwealth Minister may give a copy of a notice under subsection (2) to such other persons (if any) as the responsible Commonwealth Minister thinks fit.
 (7) A notice under subsection (2) must:
 (a) 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 to terminate the licence; and
 (b) specify a time limit for making that submission.
 (8) In deciding whether to terminate the licence, the responsible Commonwealth Minister must take into account any submissions made in accordance with the notice.