Document ID: chunk:federal_register_of_legislation:C2024C00828:section:321:p1
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 321 (pt 1/3)
Character Range: 854618–857562

321  Approval by responsible Commonwealth Minister of key greenhouse gas operations—general
 (1A) This section does not apply to a cross‑boundary greenhouse gas holding lease.
 (1) A greenhouse gas holding lessee may apply to the responsible Commonwealth Minister for approval to carry on one or more key greenhouse gas operations under the lease.
 (2) If an application for approval is made under subsection (1), the responsible Commonwealth Minister may:
 (a) give the approval, with or without conditions to which the approval is subject; or
 (b) by written notice given to the applicant, refuse to give the approval.

Responsible Commonwealth Minister must have regard to certain matters
 (3) In deciding whether to give the approval, the responsible Commonwealth Minister must comply with subsections (4), (5), (6), (7) and (8).
 (4) The responsible Commonwealth Minister must have regard to the impact (if any) that any of those key greenhouse gas operations could have on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
 (a) an existing petroleum exploration permit; or
 (b) an existing petroleum retention lease; or
 (c) an existing petroleum production licence; or
 (d) a future petroleum exploration permit; or
 (e) a future petroleum retention lease; or
 (f) a future petroleum production licence.
 (5) If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
 (a) an existing petroleum exploration permit held by a person other than the applicant; or
 (b) an existing petroleum retention lease held by a person other than the applicant; or
 (c) an existing petroleum production licence held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
 (d) whether the registered holder of the petroleum exploration permit, petroleum retention lease or petroleum production licence, as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied; and
 (e) if so—the terms of that agreement.
 (6) If:
 (a) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under:
 (i) a future petroleum exploration permit over a block or blocks; or
 (ii) a future petroleum retention lease over a block or blocks; or
 (iii) a future petroleum production licence over a block or blocks; and
 (b) a petroleum exploration permit, petroleum retention lease or petroleum production