Document ID: chunk:federal_register_of_legislation:C2020A00043:clause:1_368b:p9
Version: federal_register_of_legislation:C2020A00043
Segment Type: clause
Provision Reference: sch 1 cl 368B (pt 9/10)
Character Range: 195019–198005

operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on operations to recover the petroleum; and
 (i) the responsible Commonwealth Minister is satisfied that:
 (i) the technical qualifications of the applicant and of the applicant's employees; and
 (ii) the technical advice available to the applicant; and
 (iii) the financial resources available to the applicant;
  are adequate; and
 (j) the responsible Commonwealth Minister is satisfied that the draft site plan that accompanied the application satisfies the criteria specified in the regulations;
the Cross‑boundary Authority must give the applicant a written notice (called an offer document) telling the applicant that the Cross‑boundary Authority is prepared to grant the applicant a greenhouse gas injection licence over the block or blocks specified in the application, on the basis that the matters to be specified in the greenhouse gas injection licence as mentioned in paragraphs 358A(3)(d) to (k) will be in accordance with the application, so long as:
 (k) in a case where part of the licence area would be in the coastal waters of a State—the State has consented to the giving of the offer document; or
 (l) in a case where part of the licence area would be in the coastal waters of the Northern Territory—the Northern Territory has consented to the giving of the offer document.

Public interest
 (3) For the purposes of paragraphs (1)(c) and (2)(c), in considering whether the grant of the greenhouse gas injection licence is in the public interest, the responsible Commonwealth Minister must have regard to:
 (a) whether:
 (i) the registered holder of the existing post‑commencement petroleum exploration permit or existing post‑commencement petroleum retention lease; or
 (ii) the holder of the existing post‑commencement State/Territory petroleum exploration title or existing post‑commencement State/Territory petroleum retention title;
  as the case may be, has agreed, in writing, to the grant of the greenhouse gas injection licence; and
 (b) if so—the terms of that agreement.
 (4) Subsection (3) does not limit the matters to which the responsible Commonwealth Minister may have regard.

Commercial viability test
 (5) For the purposes of subparagraphs (1)(h)(iii) and (2)(h)(iii), the recovery of petroleum passes the commercial viability test if, and only if, the responsible Commonwealth Minister is satisfied that:
 (a) the recovery is commercially viable; or
 (b) the recovery is not commercially viable, but is likely to become commercially viable within 15 years.
 (6) Before attaining a state of satisfaction under subsection (5) in relation to the recovery of petroleum under a State/Territory petroleum title, the responsible Commonwealth Minister must consult:
 (a) if the State/Territory petroleum title was granted under a law of a State—the responsible State Minister for the State; or
 (b) if the State/Territory petroleum title