Document ID: chunk:federal_register_of_legislation:C2024C00828:section:380:p2
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 380 (pt 2/2)
Character Range: 1101570–1103802

as in force or existing at the time when the direction takes effect, so long as the code of practice or standard is relevant to that matter.
 (8) To avoid doubt, subsection (7) applies to an instrument, whether issued or made in Australia or outside Australia.
 (9) A direction under this section may prohibit the doing of an act or thing:
 (a) unconditionally; or
 (b) subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.
 (10) A direction under this section is not a legislative instrument.
 (11) If:
 (a) a direction under this section is in force in relation to a greenhouse gas injection licence; and
 (b) apart from subsection (6), the direction would be inconsistent with a matter specified in the licence as mentioned in any of paragraphs 358(3)(c) to (k) or 358A(3)(c) to (k);
the responsible Commonwealth Minister may, by written notice given to the licensee, vary the matter for the purposes of removing that inconsistency.
 (12) A variation of a matter under subsection (11) takes effect on the day on which notice of the variation is published in the Gazette.
Note: For publication in the Gazette of notice of the variation, see section 734.
 (13) The regulations may provide that, if:
 (a) a direction under this section is in force in relation to a greenhouse gas injection licence; and
 (b) apart from subsection (6), the direction would be inconsistent with anything in an approved site plan for the identified greenhouse gas storage formation;
then:
 (c) the licensee must, within the period ascertained in accordance with the regulations:
 (i) prepare a draft variation of the approved site plan for the purposes of removing that inconsistency; and
 (ii) give the draft variation to the responsible Commonwealth Minister; and
 (d) the responsible Commonwealth Minister must, by written notice given to the licensee:
 (i) approve the variation; or
 (ii) refuse to approve the variation; and
 (e) if the responsible Commonwealth Minister approves the variation—the approved site plan is varied accordingly.
 (14) If an approved site plan is varied, a reference in this Act to the approved site plan is a reference to the approved site plan as varied.