Document ID: chunk:federal_register_of_legislation:C2020A00043:clause:1_311b:p1
Version: federal_register_of_legislation:C2020A00043
Segment Type: clause
Provision Reference: sch 1 cl 311B (pt 1/2)
Character Range: 87026–89866

311B  Renewal of cross‑boundary greenhouse gas assessment permit—offer document

Scope
 (1) This section applies if an application to renew a cross‑boundary greenhouse gas assessment permit has been made under section 311A.

Offer document—compliance with conditions etc.
 (2) If each of the following has been complied with:
 (a) the conditions to which the cross‑boundary greenhouse gas assessment permit is, or has from time to time been, subject;
 (b) the provisions of this Chapter, Chapter 5, Chapter 6 and Part 8.1;
 (c) the provisions of 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 renew the permit, so long as:
 (d) in a case where part of the permit area is in the coastal waters of a State—the State has consented to the giving of the offer document; or
 (e) in a case where part of the permit area is in the coastal waters of the Northern Territory—the Northern Territory has consented to the giving of the offer document.
Note: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).

Offer document—non‑compliance with conditions etc.
 (3) If:
 (a) any of:
 (i) the conditions to which the cross‑boundary greenhouse gas assessment permit 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) in a case where:
 (i) the permit is subject to one or more conditions of the kind mentioned in subsection 291A(5); and
 (ii) one or more of those conditions have not been complied with;
  the Cross‑boundary Authority is satisfied that the non‑compliance is attributable to unavoidable delays caused by the unavailability of essential services or essential equipment, or both; and
 (c) the Cross‑boundary Authority is satisfied that there are sufficient grounds to warrant the granting of the renewal of the cross‑boundary greenhouse gas assessment permit;
the Cross‑boundary Authority may give the applicant a written notice (called an offer document) telling the applicant that the Cross‑boundary Authority is prepared to renew the permit.
Note 1: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: See also section 76D.

Work program condition
 (4) For the purposes of this section, if:
 (a) the cross‑boundary greenhouse gas assessment permit is subject to a condition requiring the permittee to carry out work in, or in relation to, the permit area during a particular period; and
 (b) the application for renewal of the permit