Document ID: chunk:federal_register_of_legislation:C2020A00043:clause:1_350c:p1
Version: federal_register_of_legislation:C2020A00043
Segment Type: clause
Provision Reference: sch 1 cl 350C (pt 1/2)
Character Range: 153007–155831

350C  Refusal to renew cross‑boundary greenhouse gas holding lease

Scope
 (1) This section applies if an application to renew a greenhouse gas holding lease has been made under section 350A.

Refusal on grounds of non‑compliance with conditions
 (2) If:
 (a) any of:
 (i) the conditions to which the greenhouse gas holding lease is, or has from time to time been, subject; or
 (ii) the provisions of this Chapter, Chapter 5, Chapter 6 and Part 8.1; or
 (iii) the provisions of the regulations;
  have not been complied with; and
 (b) the Cross‑boundary Authority is not satisfied that there are sufficient grounds to warrant the granting of the renewal of the greenhouse gas holding lease;
the Cross‑boundary Authority must, by written notice given to the applicant, refuse to renew the lease.
Note: Consultation procedures apply—see section 434A.

Refusal on grounds that the applicant is in a position to inject and permanently store a greenhouse gas substance
 (3) If the Cross‑boundary Authority is satisfied that the applicant is, at the time of the application, in a position to:
 (a) inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
 (b) permanently store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned;
the Cross‑boundary Authority must, by written notice given to the applicant, refuse to renew the lease.
Note: Consultation procedures apply—see section 434A.
 (4) If:
 (a) the Cross‑boundary Authority makes a decision under subsection (3) refusing to renew the lease; and
 (b) a notice of refusal is given to the applicant; and
 (c) within 12 months after the notice was given, the lessee applies for a greenhouse gas injection licence over one or more of the blocks comprised in the lease; and
 (d) the lease would, apart from this subsection, expire:
 (i) before the Cross‑boundary Authority grants, or refuses to grant, the greenhouse gas injection licence; or
 (ii) before the application lapses;
the lease continues in force until:
 (e) the Cross‑boundary Authority grants, or refuses to grant, the greenhouse gas injection licence; or
 (f) the application lapses;
whichever happens first.
 (5) If:
 (a) the Cross‑boundary Authority makes a decision under subsection (3) refusing to renew the lease; and
 (b) a notice of refusal is given to the applicant; and
 (c) subsection (4) does not apply; and
 (d) the lease would, apart from this subsection, expire within 12 months after the notice was given;
the lease continues in force until the end of the 12‑month period beginning on the day on which the notice was given.
 (6) Subsections (4) and (5) have effect subject to