Document ID: chunk:federal_register_of_legislation:C2024C00828:section:76d
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 76D
Character Range: 222859–225539

76D  Decision‑making

Scope
 (1) This section applies to decisions to be made by a Cross‑boundary Authority for a State or the Northern Territory on matters that are within the Cross‑boundary Authority's functions or powers.

Decision‑making
 (2) The Cross‑boundary Authority must not make:
 (a) a decision under section 291A to specify a condition in an original cross‑boundary greenhouse gas assessment permit; or
 (b) a decision to give an offer document under section 307B; or
 (c) a decision to give an offer document under subsection 311B(3); or
 (d) a decision under section 320A to specify a condition in an original cross‑boundary greenhouse gas holding lease; or
 (e) a decision to give an offer document under subsection 350B(3); or
 (f) a decision under section 358A to specify a condition in a cross‑boundary greenhouse gas injection licence; or
 (g) a decision under subsection 439B(2) to extend the term of a cross‑boundary greenhouse gas assessment permit or cross‑boundary greenhouse gas holding lease; or
 (h) a decision under paragraph 439C(2)(b) to allow a longer period;
unless:
 (i) the responsible Commonwealth Minister; and
 (j) the responsible State Minister or the responsible Northern Territory Minister, as the case may be;
agree about the decision.
 (3) If:
 (a) the responsible Commonwealth Minister; and
 (b) the responsible State Minister or the responsible Northern Territory Minister, as the case may be;
disagree about a decision (other than a decision covered by subsection (2)), the responsible Commonwealth Minister may decide the matter, and the responsible Commonwealth Minister's decision has effect as the Cross‑boundary Authority's decision.
 (4) If:
 (a) the responsible Commonwealth Minister gives:
 (i) in the case of a State—the responsible State Minister; or
 (ii) in the case of the Northern Territory—the responsible Northern Territory Minister;
  written notice of a decision (other than a decision covered by subsection (2)) that the responsible Commonwealth Minister thinks should be made on a matter; and
 (b) 30 days pass after the notice is given, and:
 (i) in the case of a State—the responsible State Minister has not told the responsible Commonwealth Minister what decision the responsible State Minister thinks should be made; or
 (ii) in the case of the Northern Territory—the responsible Northern Territory Minister has not told the responsible Commonwealth Minister what decision the responsible Northern Territory Minister thinks should be made;
the responsible Commonwealth Minister may decide the matter, and the responsible Commonwealth Minister's decision has effect as the Cross‑boundary Authority's decision.