Document ID: chunk:federal_register_of_legislation:C2024C00828:section:442:p1
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 442 (pt 1/3)
Character Range: 1216608–1219354

442  Consent to surrender title

Scope
 (1) This section applies if an application is made under section 441 for a consent.

Decision
 (2) The responsible Commonwealth Minister may, by written notice given to the applicant:
 (a) give consent; or
 (b) refuse to consent.

Criteria
 (3) The responsible Commonwealth Minister may consent to the surrender sought by the application only if:
 (a) the registered holder of the permit, lease or licence has paid all fees and amounts payable by the holder under the following:
 (i) this Act;
 (ii) section 10E of the Regulatory Levies Act;
  or has made arrangements that are satisfactory to the responsible Commonwealth Minister for the payment of those fees and amounts; and
 (b) the registered holder of the permit, lease or licence has complied with the conditions to which the permit, lease or licence is subject and with the provisions of:
 (i) this Chapter; and
 (ii) Chapter 5; and
 (iia) Chapter 5A; and
 (iii) Chapter 6; and
 (iv) Part 8.1; and
 (v) the regulations; and
 (c) the registered holder of the permit, lease or licence has:
 (i) to the satisfaction of the responsible Commonwealth Minister, removed or caused to be removed from the surrender area (defined by subsection (9)) all property brought into the surrender area by any person engaged or concerned in the operations authorised by the permit, lease or licence; or
 (ii) made arrangements that are satisfactory to the responsible Commonwealth Minister in relation to that property; and
 (d) the registered holder of the permit, lease or licence has, to the satisfaction of the responsible Commonwealth Minister, plugged or closed off all wells made in the surrender area by any person engaged or concerned in the operations authorised by the permit, lease or licence; and
 (e) the registered holder of the permit, lease or licence has provided, to the satisfaction of the responsible Commonwealth Minister, for the conservation and protection of the natural resources in the surrender area; and
 (f) the registered holder of the permit, lease or licence has, to the satisfaction of the responsible Commonwealth Minister, made good any damage to the seabed or subsoil in the surrender area caused by any person engaged or concerned in the operations authorised by the permit, lease or licence; and
 (g) in the case of an application for consent to surrender a greenhouse gas injection licence as to all of the blocks in relation to which the licence is in force—a site closing certificate is in force in relation to each identified greenhouse gas storage formation specified in the licence; and
 (h) in the case of an application for consent to surrender a greenhouse gas injection licence as to some of the blocks in relation to