Document ID: chunk:federal_register_of_legislation:C2024C00828:section:311c
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 311C
Character Range: 825413–828025

311C  Refusal to renew cross‑boundary greenhouse gas assessment permit

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

Refusal to renew
 (2) 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 5A, 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 cross‑boundary greenhouse gas assessment 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 not 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 not 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 must, by written notice given to the applicant, refuse to renew the permit.
Note: Consultation procedures apply—see section 434A.
 (2A) The Cross‑boundary Authority must, by written notice given to the applicant, refuse to renew the permit if the Cross‑boundary Authority is not satisfied that the technical advice and financial resources available to the applicant are sufficient to:
 (a) carry out the operations and works that will be authorised by the permit; and
 (b) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit.
Note: Consultation procedures apply—see section 434A.
 (2B) The Cross‑boundary Authority may, by written notice given to the applicant, refuse to renew the permit if the Cross‑boundary Authority is not satisfied of the matters (if any) prescribed by the regulations.
Note: Consultation procedures apply—see section 434A.

Work program condition
 (3) 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 was made during that period;
then, in determining whether the condition has been complied with, assume that the period had ended immediately before the application for renewal was made.